REESE LIBRARY 
 
 OF THE 
 
 UNIVERSITY OF CALIFORNIA. 
 
 Received 
 Accessions No.-.-ff She 
 
 ^' , iS?/ 
 
 ,/ .r 
 
 el/No... 
 
SUMMARY 
 
 OP THE 
 
 CONSTITUTION AND PROCEDURE 
 
 OF 
 
 FOREIGN PARLIAMENTS 
 
 COMPILED BY 
 
 REGINALD DICKINSON, 
 
 BARRISTER-AT-LAW, 
 ONE OF THE COMMITTEE CLERKS OF THE HOUSB OT COMMONS. 
 
 SECOND EDITION. 
 
 VACHER & SONS, 29, PARLIAMENT STREET, S.W., 
 
 AND 
 
 SIMPKIN, MARSHALL, HAMILTON, KENT & CO.. LIMITED, 
 
 1890. 
 
-ff 
 
 J 
 
 PRINTED BY VACHER & SONS WESTMINSTER. 
 
PREFACE TO FIRST EDITION. 
 
 fTlHE following pages have been written in the hope that 
 at a time when the question of Parliamentary Pro- 
 cedure is admitted to be of grave importance, a short account 
 of the practice of the principal foreign Legislatures may 
 be of interest. They have no pretension to be considered. 
 
 Errata. 
 
 Preface, p. ix., line 7, add "and the United States/' 
 In Index, under "Bills" rein trod uct ion of, in next 
 session, after partial discussion; insert after (Nor.) 335 
 "U.S.A., 497." 
 
 tutions of the various Legislatures, I am indebted for much 
 information to the official " Reports respecting the Practice 
 and Regulations of Legislative Assemblies in Foreigu 
 Countries," and "Reports on the Practice prevailing in 
 certain European Countries in Contests for Election to 
 Representative Legislative Assemblies," presented to Parlia- 
 ment last year ; to the " Dictionnaire Universel " of 
 M. Larousse, and similar works ; to the " Sketch of the 
 German Constitution," by Mr. A. Nicolson; and especially 
 to that most valuable work of general reference, " The 
 Statesman's Year Book, 1881, by Mr. F. Martin. To 
 these must be added the important work on the French 
 Legislature (" Traite pratique de droit parlementaire "), by 
 
PEEFACE TO PIEST EDITION. 
 
 rflHE following pages have been written in the hope that 
 at a time when the question of Parliamentary Pro- 
 cedure is admitted to be of grave importance, a short account 
 of the practice of the principal foreign Legislatures may 
 be of interest. They have no pretension to be considered 
 more than a sketch, and their deficiencies may, perhaps, 
 find some excuse in the inherent difficulties in dealing 
 with the rules of 14 different Parliaments. 
 
 In most instances the statements have been drawn from 
 original sources, but in addition to the Rules and Consti- 
 tutions of the various Legislatures, I am indebted for much 
 information to the official " Reports respecting the Practice 
 and Regulations of Legislative Assemblies in Foreign 
 Countries," and ''Reports on the Practice prevailing in 
 certain European Countries in Contests for Election to 
 Representative Legislative Assemblies," presented to Parlia- 
 ment last year ; to the " Dictionnaire Universel " of 
 M. Larousse, and similar works ; to the " Sketch of the 
 German Constitution," by Mr. A. Nicolson; and especially 
 to that most valuable work of general reference, " The 
 Statesman's Year Book, 1881, by Mr. P. Martin. To 
 these must be added the important work on the French 
 Legislature (" Traite pratique de droit parlementaire "), by 
 
IV PREFACE TO FIRST EDITION. 
 
 MM. Poudra and E. Pierre, as well as the Digest compiled 
 by Mr. Henry H. Smith, Clerk of the House of Repre- 
 sentatives of the United States, on the Constitution and 
 Rules of Congress. 
 
 I have to acknowledge my obligations for much kind and 
 valuable assistance to the following gentlemen : M. Washer, 
 of the Belgian Chamber of Representatives ; M. Brentano, 
 of the French Ministry of Finance; Sir John Walsham, 
 Secretary of the British Embassy at Berlin; the Marchese 
 Zondadari Chigi, Member of the Italian Chamber of 
 Deputies; M. Briill, British Vice-Consul at Buda-Pesth; 
 Mr. Horace Helyar, of the British Legation at the Hague ; 
 the Consul -General of Norway; and especially to Mr. 
 Drummond Hay, British Consul at Stockholm. 
 
 I have also to express my best thanks to Major Crawford 
 for the very great care and trouble which he has taken in 
 correcting the proofs and compiling the index. 
 
 R. D. 
 
PREFACE TO SECOND EDITION. 
 
 r MHE fact that a period of eight years has elapsed since 
 the appearance of the first edition and that it is out of 
 print may perhaps be considered a sufficient excuse for the 
 publication of a second. And even if such were not the case 
 the progress of the age is so rapid that many alterations have 
 necessarily occurred since the year 1882. Old constitutions 
 have been the subject of reform, and, above all, that marvel- 
 lous country Japan, under its enlightened Emperor, has been 
 welcomed into the family of constitutional nations. 
 
 It will be found that additional information has been 
 given with regard to the Constitution of every country, and 
 that large additions have been made with respect to the exe- 
 cutive power and the formation and present position of poli- 
 tical parties. The following are some of the principal 
 alterations in the various Constitutions of which a more or 
 less full account has been given. 
 
 In Hungary in 1885, the reform of the House of Mag- 
 nates was effected, and the principal provisions of the new 
 law are given. It will be remarked, that whereas in Eng- 
 land it is the fashion for Radicals to agitate for the shorten- 
 ing of the Parliamentary period, abroad in two instances at 
 least, Hungary and Germany that period has been extended 
 from three to five years, whilst, on the other hand, that of 
 
 A 2 
 
Vi PEBFACE TO SECOND EDITION. 
 
 the Portuguese Parliament lias been reduced from four to 
 three years a fact to which public attention has not been 
 sufficiently directed. In France, under the law of the 9th 
 December, 1884, all future Senators will be elected by the 
 Departments and Colonies ; and the election of the Chamber 
 of Deputies by scrutin de liste has been substituted for 
 scrutin d'arrondissement, by the law of the 16th June, 1885. 
 Some account of the Constitution of Greece, with its uni- 
 cameral Parliament, is now inserted for the first time. In 
 Italy the electoral law of 1882 has been substituted for that of 
 of 1860, and the qualifications for the franchise have been lowered. 
 
 The year 1889 was remarkable for the proclamation of 
 the Constitution of Japan, and it was felt that a book of 
 this kind would, indeed, be imperfect if no notice were taken 
 of such a remarkable event. The salient points have there- 
 fore been treated in the body of the work, whilst the Con- 
 stitution itself will be found in extenso in the Appendix. 
 Important alterations have taken place in the Constitution of 
 the Kingdom of the Netherlands. The succession to the 
 Crown has been resettled, and the numbers of both Houses 
 have been increased from 39 and 86 to 50 and 100 respec- 
 tively. In Portugal, in 1885 the composition of the Chamber 
 of Peers was altered ; a certain proportion (50) being elected 
 in future for six years and the Legislative period being reduced 
 from four to three years. 
 
 The account of the dissensions between the King and the 
 Storthing of Norway, which terminated in 1884 with the con- 
 viction of the Prime Minister by the Rigsret, will, it is thought, 
 be read with interest, 
 
PREFACE TO SECOND EDITION. VI 
 
 For much of the additional information which will be found 
 under the head of " Switzerland," I am indebted to that most 
 interesting book, " The Swiss Confederation," by Sir F. 0. 
 Adams and C. D. Cunningham. From another source I have 
 derived a full account of the Referendum, an institution which 
 is peculiar to Switzerland. It will be found that the part 
 relating to the United States has been much enlarged, and 
 that the account of the State Constitutions is entirely new. 
 To those important works "The American Commonwealth," 
 by Professor Bryce, M.P., and Stimson's "American Statute 
 Law," I desire to acknowledge my obligations. 
 
 In the chapters on Parliamentary Procedure, the same 
 order has been maintained as in the first edition. Great care 
 and much time have been spent in obtaining the latest in- 
 formation with regard to any alterations. 
 
 Unavoidable delay having occurred during the printing 
 of this work, in consequence of its being necessary to wait for 
 a copy of the new American Rules, and from other unfore- 
 seen causes, some of the later information which might have 
 appeared in the first chapter will be found in the Appendix. 
 
 In Chapter II., "Opening of the Session," for each country, 
 a fuller account of the Parliamentary Oath will in most 
 cases be found, and in many the shape and size of the 
 Chambers have been given, as well as the position of the 
 Political Parties. 
 
 The principal additions in the chapter on ' : Bills and 
 Motions " will be found un.ler the head of " Italy " where 
 an alternative procedure is given. The information given 
 with regard to Greece and Japan is entirely new, and the 
 
Vlll PREFACE TO SECOND EDITION. 
 
 same may be said of that which relates to the individual 
 States of the American Union ; the chief amendment in 
 the new rules of the United States House of Repre- 
 sentatives being the provision that members present at. 
 but not voting in, a division may be included in the 
 quorum. 
 
 With regard to the possible application of the procedure 
 of Foreign Parliaments to our own legislature, it will be 
 interesting to mention the following details as to the number 
 of bills which have lately been introduced into our own 
 Parliament, and which ultimately became law. The facts 
 are as follows : Taking the number of public bills introduced 
 by private members during the last five years, we find that 
 in 1884-85, out of 122 only 24 received the royal assent. 
 In 1886 (1st session), 17 became law, whilst 146 were dis- 
 posed of at various stages of their career. In 1887, out of 
 226 only 20 were successful. In 1888, 21 out of 244 received 
 the Royal Assent; whilst in 1889, out of 222 not more than 
 28 became law. During the same period, of 61 Bills intro- 
 duced by the Government in 1884-85, only 3 did not receive 
 the Royal Assent. In 1886, 45 out of a total 56 became 
 law. In 1887, 58 out of 71. In 1888, 46 out of 66, and 
 in 1889, 51 out of 70. In the above calculation, Provisional 
 Order Confirmation Bills, which are of a public and private 
 character, are omitted. There can be no doubt that a good 
 deal of valuable time is annually wasted in the discussion of 
 measures, which fail to become law from mere want of 
 time. 
 
 One of the remedies, if not the only one, for this state 
 
PEEFACE TO SECOND EDITION. IX 
 
 of things would seem, to be the adoption of the procedure 
 which exists in various Foreign Legislatures of allowing 
 unfinished business to be taken up in the following session at 
 the stage at which it was in when the prorogation took place. 
 It will be found by reference to the following pages that this 
 practice exists in Belgium, Denmark, France, Greece, the 
 Netherlands, Portugal, Spain ; Sweden, and Norway. 
 
 As a preliminary step to insure the most valuable measures 
 being taken first, all private members bills might be referred, 
 after their first reading, to one or more standing committees of 
 21 members, appointed by the committee of selection, belonging 
 to the country from which the bill emanated, those relating to 
 the United Kingdom or to two of the three kingdoms being re- 
 ferred to a mixed committee of proportionate numbers, which 
 committee should report the bills to a central committee com- 
 posed of English, Scotch, and Irish members, which should 
 finally decide on the order in which the bills should be 
 set down for second reading. To save unnecessary delay 
 the mover of each bill should be allowed to state his 
 case ; the chairman should then, subject to questions being 
 asked by the members of the Committee, state the case for 
 and against the further consideration of the bill, and the 
 question should be put to the vote without further debate. 
 No bill failing to obtain the support of a majority of two- 
 thirds in the preliminary committee, or of a bare majority 
 in the central committee, should be allowed to proceed 
 further. "Whether the central committee should be composed 
 of entirely fresh members, or whether a certain number should 
 be taken from, each of the preliminary committees, or whether 
 
X PREFACE TO SECOND EDITION. 
 
 in some cases the central committee might be dispensed with, 
 are details which may be left for future consideration. 
 
 It may also be deserving of consideration whether legal 
 assistance should not be afforded to the central committee, with 
 a view to ensuring, as far as practicable, consistent and 
 symmetrical legislation. Such assistance would probably be 
 best rendered by an experienced draftsman, responsible to the 
 Speaker's Counsel. 
 
 Of course Bills relating to the United Kingdom would far 
 exceed in number those affecting solely Scotland or Ireland 
 as out of the total number of 222 in 1889 only 18 were 
 Scotch and 27 Irish bills. Though at present the number of 
 bills introduced each session is large, it may fairly be assumed 
 that the number of new ones would gradually be reduced, 
 if the practice prevailed of unfinished business being continued 
 in the following session. 
 
 In order further to promote economy of time, speeches in the 
 House might be limited to a quarter of an hour 011 a principal 
 motion or five minutes on an amendment, an exception being 
 made in favour of the introducer of a bill or motion and of 
 Privy Councillors ; and in special cases a motion to dispense 
 with the Standing Order might be made and put to the 
 vote, with the" leave of the Speaker, without debate. The 
 leave of the Speaker would be necessary, as otherwise a new 
 form of obstruction might be easily developed. 
 
 It does not appear that the practice of Foreign Parliaments 
 suggests any remedy for the intolerable delay which is caused 
 by the increasing number of questions which are daily asked, 
 although it is obvious that in most cases the questions and 
 
PREFACE TO SECOND EDITION. XI 
 
 answers might very well be printed in the Votes, whilst any 
 question of a public and very pressing nature might, with 
 the Speaker's permission, be put verbally in the House. 
 
 To the following gentlemen my cordial thanks are due for 
 much kind and valuable assistance : M. Washer, of the 
 Belgian Chamber of Deputies ; Mr. W. E. Goschen, Secretary 
 of the British Legation at Copenhagen ; Mr. F. E. Elliot, of 
 the British Embassy at Paris ; Mr. S. Leech, of the British 
 Embassy at Berlin ; Mr. T. G. Dickson, British Vice-Consul 
 at Athens, and Mr. A. G. Dickson ; the Marchese Zondadari 
 Chigi, member of the Italian Chamber of Deputies ; Mr. J. F. 
 Lowder, of Yokohama, and M. Kantara Kaneko, Secretary to 
 the Imperial Privy Council in Japan ; Rev. E. Brine, British 
 Yice-Consul and Chaplain at the Hague ; Mr. A. G. Vansittart, 
 of the British Legation at Lisbon; Hon. W. A. C. Barrington, 
 Secretary of the British Embassy at Madrid; Mr. C. A. Spring 
 Rice, of the British Embassy at Washington ; and Sir Francis 
 Alston and Sir Edmund Hertsiet of the Foreign Office. 
 
 To Mr. Archibald Bence Jones, of the Inner Temple, I am 
 much indebted for the great care and trouble which he has taken 
 in the compilation of a copious and exhaustive Index. 
 
 R. D. 
 
LIBlSS* 
 
 rur ' 
 
 Of THC 
 
 UNIVEBSITY 
 
 Of- 
 
 ;^UJFOHN^^ 
 CHAPTER I. 
 
 CONSTITUTION OF PARLIAMENT. 
 
 AUSTRIA-HUNGARY. 
 
 The Constitution of Austria-Hungary, as it at present constitution, 
 exists, was finally promulgated in December, 1867. Each 
 country has its separate Executive Government, and its 
 separate Parliament consisting of two chambers, whilst 
 the hereditary Sovereign, the army, the navy, and the 
 diplomatic service are common to both. 
 
 The idea of extending parliamentary institutions 
 to the whole Empire of Austria was only conceived in 
 1848, and not practically realised until 1860. The 
 Imperial diploma of the 20th October, 1860, re-esta- 
 blished or created, in the different countries which form 
 the Empire of Austria, local diets. The same diploma 
 and the organic law of the 26th February, 1861, created 
 a central Parliament, and entrusted to the local diets the 
 duty of nominating their representatives. 
 
 The creation of this central Parliament gave rise 
 to much opposition, especially on the part of Hungary, 
 resulting in a compromise in 1867 between that country 
 and the Austrian Government. The Empire of Austria 
 was divided into two divisions, each having its own 
 B 
 
2 CONSTITUTION OF 
 
 Austria- Parliament and its own Executive Government. These 
 
 Hungary. 
 
 two divisions, being separated by the river Leitha, are 
 
 known for this reason under the names of Cisleithania 
 and Transleithania, but are more generally referred to as 
 Austria and Hungary.* 
 Representa. The representative assembly of the Empire known as 
 
 tive assembly 
 
 Empire or ^ LQ Delegations consists of 120 members, of whom half 
 Delegations. are c^og^ f rom the Austrian and half from the 
 
 Hungarian Parliament, the Upper House of each re- 
 turning 20, and the Lower House 40 representatives. 
 In addition each Parliament elects 30 supplementary 
 members (suppleants), 10 being named by the Upper 
 House, and 20 by the Lower. f The choice of delegates 
 and their substitutes is renewed every year, but 
 retiring members are eligible for re-election. Any re- 
 presentative who ceases to be a member of the Parlia- 
 ment by which he has been chosen, ipso facto, loses his 
 seat in the Delegation, and a new election takes place. 
 Should, however, the Parliament of the country from 
 which he comes not be in session, his substitute takes 
 his place. In the event of the dissolution of the 
 Chamber of Deputies in either kingdom, the powers of 
 the particular Delegation come to an end, and the new 
 Parliament elects a fresh Delegation. These Delegations 
 exercise a parliamentary control over the foreign affairs 
 and military services of both countries; they have a final 
 vote on all matters affecting the common weal, and their 
 decisions need neither be confirmed nor approved by the 
 assembly of either country from which they take their 
 origin. 
 
 * Annuaire de Legislation Etrangere, Vol. III., p. 199, &c. 
 
 f Previously to the year 1873 the deputies chosen by the Lower 
 House of the Austrian Reichsrath were elected in a certain fixed 
 proportion by the 17 provincial diets. 
 
PARLIAMENT. 3 
 
 A common ministry, consisting of three members Anstria- 
 who have the management of the departments for c ^^ 
 foreign affairs, war, and finance, for the whole monarchy, ministr r- 
 are responsible to the Delegations for the proper dis- 
 charge of their functions. They have the right to take 
 part in all the deliberations of the Delegations, and to 
 sustain their propositions in person or through a dele- 
 gate, and they must be heard as often as they may 
 desire. On the other hand, the Delegations have the 
 right of addressing questions to the ministers, of 
 demanding answers and explanations, and, in short, 
 of nominating committees to whom they must furnish 
 all necessary information. 
 
 In the event of any violation of any law relating to impeach- 
 the common affairs of the monarchy, either Delegation 
 has the right to propose to the other that the common 
 ministry, or one of its members, shall be prosecuted. 
 The prosecution exists regularly when it has been re- 
 solved on separately by each of the Delegations, 
 or by the joint vote of the two Delegations sitting 
 together. 
 
 The Court for the trial of the accused is constituted constitution 
 
 of the Court, 
 
 in the following manner : Each Delegation proposes 
 from among such of its countrymen as are in- 
 dependent and learned in the laws of the countries 
 which it represents, 24 judges, of whom 12 can be 
 objected to by the other Delegation. The accused, 
 or all the accused conjointly, have equally the right 
 of striking off 12 names among those who are pro- 
 posed, subject to the provision that the numbers re- 
 maining must be equal for both Delegations. The re- 
 maining judges form the Court. 
 
 The Delegation of each country usually sits and Proceedings 
 
 . 
 
 VOteS apart from the other, under a President of its 
 
 B 2 
 
4 CONSTITUTION OF 
 
 Austria- own, and at its first meeting agrees npoii a separate 
 address to be presented to the Emperor. 
 
 All questions are decided by an absolute majority, 
 but the members of a Delegation are at liberty to 
 insert in the minutes a different opinion, but without 
 thereby affecting the result. 
 
 No common minister can take part in the adminis- 
 tration of the affairs of his own country. 
 
 The establishment of the common budget is the 
 principal measure submitted every year to the Dele- 
 gations. Relating only to expenses which have been 
 declared common to both countries, it is proposed by 
 the common ministry, with the concurrence of the 
 responsible ministries of the two countries, and pre- 
 sented separately to each Delegation.* The budget 
 having once been voted by the Delegations cannot be 
 discussed by either of the two Parliaments of the 
 countries affected, except so far as may be necessary 
 for the imposition of taxes. Should the two Delegations 
 be unable at any time to come to an agreement on any 
 matter, they are obliged to meet together, and, without 
 further discussion, give a joint vote, which is binding 
 on the whole empire. t 
 
 afturatfon ^e Delegations meet alternately at Vienna and Pesth 
 
 of meeting. ever y au tumn, their session lasting about three or four 
 weeks. J The members of the Delegation which meets 
 
 pecuniary away from home, receive an allowance of ten florins a 
 day. Care has to be taken that the meetings of the 
 Austrian Reichsrath and the Hungarian Reichstag do 
 
 * In 1871 it was decided that after Hungary had paid 2 per cent., 
 the remainder should be divided in the proportion of 70 to 30. 
 
 f Geschafts-Ordnung fur die Delegation des Reichsrathes. 
 
 I See The Time*, October 27th, 1882, p, 3; and October 27th, 1883, 
 p,6 
 
PARLIAMENT. 
 
 not clash with that of the Delegations,, since 60 deputies Austria- 
 from e 
 
 latter.* 
 
 from each country have to attend the session of the 
 
 Passing to Austria itself,, we find there two legislatures, 
 consisting first of the 1 7 provincial diets which make laws 
 for the local administration of their respective provinces, lieichsratl! 
 and secondly of a central diet, called the Keichsrath, 
 which provides for the general legislation of the country. 
 The states which elect their own provincial diets are states wbich 
 
 r elect pro- 
 
 Upper Austria, Lower Austria, Bohemia, Dalmatia, vincial diets - 
 
 Galicia, Tyrol, Yorarlberg, Grorizia, Istria, Trieste, 
 Salzburg, Styria, Carinthia, Carniola, Bukowina, 
 Moravia, and Silesia. These diets consist each of a 
 single house, are formed in nearly the same manner, and 
 differ from each other solely in the number of their 
 deputies, which varies according to the size of the 
 districts, from 20 to 100 for Moravia, 151 for Galicia, 
 and 241 for Bohemia. 
 
 Each provincial diet is composed of all the arch- composition 
 
 of provincial 
 
 bishops and bishops; of the rectors of the universities; diet8 - 
 and of representatives of the great landed estates, of 
 municipalities, of chambers of commerce and trade cor- 
 porations, and of rural communes. They legislate 
 concerning all local matters, county taxation, land laws 
 and farming, education, public worship and public 
 works. 
 
 The constitution of the Cisleithanian Parliament or Austrian 
 
 Reichsrath. 
 
 Eeichsrath sitting at Vienna, gave rise in its turn to the 
 greatest difficulties. This Parliament is composed of 
 two Chambers, of which the Upper Chamber, or House 
 
 * Reports respecting practice, &c., of Legislative Assemblies (pre- 
 sented to Parliament). Miscellaneous, Xo. 1 (1881), p. 1. Ency- 
 clopaedia Britannica (Ninth Ed.), Vol. Ill, 
 
6 CONSTITUTION OP 
 
 Austria- o f Lords, is nominated by the King, whilst the Lower 
 
 ELmunury* 
 
 Chamber, or House of Deputies, is elective. The ques- 
 tion most discussed was the mode of election of the 
 
 original members of the Chamber of Deputies. The law of the 
 
 composition 
 
 of_Keich- 21st December, 1867, passed at the moment of the 
 division of the Austrian Empire into Cisleithania and 
 Transleithania, continued to entrust to the local diets, 
 like the law of the 26th February, 1861, the election of 
 the members of this Chamber. 
 
 This system was strongly defended by the federalists, 
 partisans of the autonomy of the different countries and 
 different races of Cisleithania ; on the other hand it was 
 vehemently opposed by the centralists, at the head of 
 whom the Germans made themselves especially remark- 
 able. The latter were anxious, by the direct election of 
 deputies to the Austrian Parliament, to substitute a 
 national for a federal Parliament, and to show, as well, 
 that the different countries, of which Cisleithania is 
 composed, constitute one unity and not several. 
 
 The centralist policy was in the end, not without 
 trouble, successful, and in consequence the mode of 
 election of the deputies to the Eeichsrath was altered 
 in 1873 to its present form.* 
 
 Executive Whilst the legislative authority is exercised by the 
 
 Eeichsrath, the executive power is in the hands of the 
 Sovereign of the two kingdoms. The Emperor of 
 Austria, who is also King of Hungary, is irresponsible, 
 and carries on the government through a separate body 
 of ministers in each country, in addition to the common 
 ministry of those members who are responsible to the 
 Delegations. 
 
 Limitations He exercises the sovereign authority under certain 
 
 of sovereign 
 
 authority. 
 
 * Annuaire, Vol. III., p. 200. 
 
PARLIAMENT. 7 
 
 limitations, as although he concludes political treaties, Austria- 
 they are not valid unless approved of by the Reichsrath, 
 and his right of pardon is limited in the case of a 
 minister impeached and adjudged guilty. 
 
 He convokes, adjourns and dissolves the Parliament 
 of both countries ; the duration of the Lower House of 
 Austria being for a term of six years and that of 
 Hungary for five years. In case of a dissolution new 
 elections must take place within six months. 
 
 The Austrian ministry consists of eight departments JJj'JJJ 6 * of 
 of State, whilst that of Hungaiy is somewhat larger, cotmtrie8 - 
 there being a President of the Council and nine other 
 departments. 
 
 They are liable to be impeached by the Lower court of im- 
 
 peachment. 
 
 Chamber for dereliction of duty, and to be tried by a 
 court elected by the Upper Chamber from among its 
 members, 12 being selected out of 36 selected members, 
 and each side having the right to strike out 12 names, 
 and thus reducing the number to 12. 
 
 The Reichsrath, which consists of two Houses, Legislative 
 
 authority. 
 
 usually meets in November or December and separates 
 in the following May or June, the Emperor being bound 
 by the constitution to summon it annually. Business 
 begins at 11 a.m. and ends between 4 and 5 p.m. 
 
 The Upper House has at the present time 245 mem- upper 
 
 House. 
 
 bers, consisting of 21 archdukes who are of age, 68 
 hereditary nobles, 17 archbishops and bishops who pos- 
 sess princely titles, and 139 life members nominated by 
 the Emperor. 
 
 The Lower House, which is elected for a term of six Lower 
 
 House. 
 
 years, consists of 353 members chosen to represent the 
 different crown lands by all citizens who are properly 
 qualified and of full age, of whom 85 represent the great 
 landed proprietors; 116 represent the towns; 21 repre- 
 
8 
 
 CONSTITUTION OP 
 
 Austria- 
 Hungary. 
 
 Political 
 parties. 
 
 sent the Chambers of Trade and Commerce, and 131 
 represent the rural districts. Under the apportionment in 
 the law of 2nd April, 1873, a certain number of represen- 
 tatives was allotted to each country represented.* The 
 elections, which in case of a dissolution must take place 
 within six months, are not held simultaneously, but at 
 different dates in each province, according to the will of 
 the Government. 
 
 In the Upper House there are three parties, viz., 
 the clericals., whose leader is the Duke of Schwarzenberg; 
 
 * TABLE SHOWING THE PROPORTION OF THE REPRESENTATIVES TO THE 
 POPULATION IN THE INDIVIDUAL PROVINCES OF THE EMPIRE, AND 
 IN THE WHOLE COUNTRY. 
 
 
 
 
 One member 
 
 Kingdoms and provinces. 
 
 Members of 
 Reichsrath. 
 
 Population. 
 
 in proportion 
 to population 
 
 
 
 
 (1883). 
 
 1. Salzburg ... ... 
 
 5 
 
 163,570 
 
 32,714 
 
 2. Vorarlberg 
 
 3 
 
 107,373 
 
 35,791 
 
 3. Trieste 
 
 4 
 
 144,844 
 
 36,211 
 
 4. Carinthia 
 
 9 
 
 348,730 
 
 38,747 
 
 5, Upper Austria 
 
 17 
 
 759,620 
 
 44,683 
 
 6. Tyrol 
 
 18 
 
 805,176 
 
 44,732 
 
 7. Carniola 
 
 10 
 
 481,243 
 
 48,124 
 
 8. Gorz-Gradisca... 
 
 4 
 
 211,084 
 
 o2,296 
 
 9. Styria 
 
 23 
 
 1,213,597 
 
 52,765 
 
 10. Dalmatia 
 
 9 
 
 476,101 
 
 52,900 
 
 11. Silesia 
 
 10 
 
 565,475 
 
 56,547 
 
 12. Moravia 
 
 36 
 
 2,153,407 
 
 59,816 
 
 13. Bohemia 
 
 92 
 
 5,560,819 
 
 60,443 
 
 14. Lower Austria 
 
 37 
 
 2,330,621 
 
 62,989 
 
 15. Bukowina 
 
 9 
 
 571,671 
 
 63,407 
 
 16. Istria ... 
 
 4 
 
 292,006 
 
 73,001 
 
 17. Galicia 
 
 63 
 
 5,958,907 
 
 94,585 
 
 Total of provinces. . . . 
 
 353 
 
 22,144,244 
 
 62,731 
 
PARLIAMENT. V 
 
 the Conservatives, under the Duke of Metternich, and Austria- 
 
 Hungary, 
 the Liberals, under Herr Schmerling. 
 
 In the Lower House the majority consists of several 
 groups. On the right the clericals, of whom there are 19, 
 under the Duke of Lichtenstein ; the feudals 34, whose 
 leader is Count Hohenwart ; the Czechs (Bohemians), 56 ; 
 and the Poles, 56. 
 
 The centre comprises 12 members, who are led by 
 Count Coronini ; whilst on the left, the united German 
 left consists of 111; the national Germans, the Kuthenes, 
 and the Italians having only a few representatives. 
 
 Every law requires the assent of the two Chambers Legislation, 
 and the sanction of the Emperor. If it should happen 
 that upon certain clauses in a financial bill, or upon the 
 number of the contingent in a recruiting bill, the two 
 Chambers cannot agree after several attempts to bring 
 about an understanding, the smallest number shall be 
 considered to have been adopted. 
 
 In very urgent circumstances, royal ordinances can, R yai 
 on the advice of the ministers, be promulgated by the P 
 Emperor during a prorogation, provided that they 
 involve no amendment in the constitutional laws, or 
 permanent charge on the public treasury, or any aliena- 
 tion of the domain of the State. To have the force of law 
 they must have been signed collectively by the ministers, 
 and will become inoperative if they have not been pre- 
 sented to the Reichsrath for its approbation in the first 
 four weeks of the next session, or if one of the 
 Chambers refuses to them its approval. The ministry 
 are collectively responsible for withdrawing them when 
 necessary. 
 
 Amendments to the present constitutional law, as Amendments 
 well as to the constitutional laws on the general rights constitution. 
 of the citizens in the' kingdoms and countries repre- 
 
10 . CONSTITUTION OP 
 
 Austria- sented in the Reichsrath, on the establishment of the 
 ungary. tr ^ una | Q f ^ em pi re ^ an ^ on the exercise of the 
 
 executive authority, cannot be validly passed except by 
 a majority of at least two-thirds of the members present, 
 and with the presence in the Chamber of Deputies of at 
 least half the members. 
 
 Members of the Chamber of Deputies must not 
 
 imperatif" . . 
 
 not per- receive trom their electors any instructions, nor can any 
 
 mitted. * ' 
 
 member of the Reichsrath be held responsible for any 
 vote, which he may give or speech which he may make 
 in the performance of his parliamentary duties except 
 by the Chamber to which he belongs. 
 
 Freedom No member of the Reichsrath can, except in the case 
 
 of a very grave crime, be arrested or prosecuted judi- 
 cially during a session, for an offence under the criminal 
 law, without the authority of the Chamber. Even in 
 the case of a very grave crime the judicial authority 
 must give immediate notice of the arrest to the Presi- 
 dent of the Chamber. Upon the demand of the 
 Chamber the prisoner must be released, and the pro- 
 secution suspended during the whole period of the 
 session. The Chamber has the same right under 
 similar circumstances during the interval between the 
 sessions. 
 
 Austrian The system by which members are elected to sit in 
 
 electoral J * 
 
 system. ^ e L ower House of the Reichsrath is an extremely com- 
 plicated one, and is rendered all the more so by the fact 
 that certain of the necessary qualifications vary in the 1 7 
 different provinces of the empire, being regulated by the 
 respective electoral laws for the several provincial diets. 
 
 E tffication* Although it is difficult, therefore, to give very full 
 information on the subject, the principal qualifications 
 for the parliamentary franchise in Austria will be found 
 to be as follows : 
 
PARLIAMENT. 11 
 
 Members are elected in the Austrian Reichsrath to Austria- 
 represent- Hungary - 
 
 1. The large landed proprietors or the highest taxed. 
 
 2. Towns, centres of industry, &c. 
 
 3. Chambers of Trade and Commerce. 
 
 4. Rural districts. 
 
 Every voter must be an Austrian subject, and must 
 have attained his 24th year. 
 
 Every male person who has been an Austrian citizen Qualification 
 
 " of deputy. 
 
 for at least three years at the age of 30 years, and who 
 is either an elector or eligible for the diet of his country, 
 can be elected a deputy. 
 
 1. The great landed proprietors are qualified to vote Landed 
 
 i . . n i T -i proprietors. 
 
 according to a minimum fixed rate paid in direct taxes, 
 four-fifths of which sum must be paid as tax on landed 
 property. 
 
 This minimum rate varies, however, in the different 
 provinces, from 50 florins to 250 florins per annum. In 
 Bohemia, for instance, the sum is 250 florins in direct 
 taxes (whereof 200 florins in property tax), whereas in 
 Styria, the minimum amount is 100 florins, and in the 
 Tyrol as low as 50 florins a year. 
 
 In Dalmatia, the place of the class of landed proprie- 
 tors is taken by that of " the highest taxed " (" Hoch- 
 stbesteuerten"), and in this case the minimum rate varies 
 from 50 florins to 100 florins a year in direct taxes. 
 
 In this class, females who have attained the age of Female 
 
 ... franchise. 
 
 24 years, and are in possession of their own property, 
 are also entitled to vote, but they usually exercise their 
 rights not in person but through their husbands, or if they 
 are daughters or widows, through some representative 
 specially appointed. In the same class, soldiers on active 
 service, and corporators, can also exercise their power 
 of voting by proxy. 
 
12 
 
 CONSTITUTION OF 
 
 Austria- 
 Hungary. 
 
 Qualification 
 in towns. 
 
 Chambers of 
 Trade and 
 Commerce. 
 
 In country 
 districts. 
 
 Disqualifi- 
 cations. 
 
 2. The qualification for voters in towns is the pay- 
 ment of 5 florins, or about 10s. a year, in direct taxes. 
 
 There are, however, minor qualifications, which differ 
 in the various provinces, according to which certain per- 
 sons belonging to the local governments, to the muni- 
 cipalities, &c., are entitled to vote in virtue of the office or 
 position they hold, and irrespective of the taxes they pay. 
 
 3. Chambers of Trade and Commerce either elect 
 their representatives individually, or in conjunction with 
 the electoral town district. In the first case, the mem- 
 bers of the chambers form by themselves the electoral 
 body, and elect their own representative ; in the latter, 
 they join the duly entitled voters of the district, and the 
 two are represented by one member, but the members of 
 the chambers vote separately. 
 
 4. In the country districts the following system is 
 pursued : Every commune in the electoral district 
 chooses a voter for every 500 inhabitants, the qualifica- 
 tion likewise being the payment of 5 florins a year in 
 direct taxes. These voters then proceed to the election 
 of members for the Keichsrath. In this class, too, there 
 are various minor qualifications, such as those referred 
 to under section 2. 
 
 Persons entitled to vote may only give their vote 
 once in the same province, but members of Chambers of 
 Trade and Commerce are not prevented from voting in 
 their own electoral class in the same province."* 
 
 The following persons are disqualified, either as 
 electors or deputies, or as electors of the second 
 degree : 
 
 1. Minors and lunatics. 
 
 * Reports respecting the Qualifications for the Pni'liamentaiy Fran- 
 chise in Foreign Countries. Miscellaneous, No. 1. (1883.) 
 
PARLIAMENT. 13 
 
 2. Persons receiving (or who during the previous Austria- 
 year have received) parish relief. 
 
 3. Insolvents. 
 
 4. Persons convicted of various crimes and fraud. 
 They, however, become again capable of exercising 
 electoral rights after various periods after the expiring 
 of their sentences. 
 
 Electors are convoked on the order of the Minister of 
 the Interior, by the governor of the country, who fixes 
 the day and place of election. In the case of a general 
 election to the Reichsrath, the deputies of the rural com- 
 munes are elected first ; then those of the towns ; then 
 those of the Chambers of Commerce and Industry ; and, 
 lastly, those belonging to the class of the landed 
 proprietors. 
 
 The vote takes place exclusively in the classes of the Mode of 
 
 voting. 
 
 landed proprietors and of the towns by balloting papers; 
 in the rural communes, verbally or by balloting papers, 
 according as is prescribed for the election of deputies of 
 the rural communes to the local diet. Xotice of a 
 general election is published by the insertion of adver- 
 tisements in the local newspapers, and by notices affixed 
 in the various communes. 
 
 The expenses of elections to the Reichsrath seem to be Expenses of 
 borne altogether by the State, the candidates defraying 
 only their personal canvassing charges, which are slight. 
 
 An official is appointed by the Minister of the Interior 
 to superintend each election. He is assisted, in some 
 cases, by a commission of seven members, chosen out of the 
 body of the voters. They examine the voting lists, and 
 issue to each elector whose claim has been admitted a 
 certificate of his right to vote, and it is their duty to 
 write minutes of the proceedings recording all the cir- 
 cumstances and occurrences of the election. 
 
u 
 
 CONSTITUTION OF 
 
 Austria- 
 Hungary. 
 
 Second elec- 
 tion where a 
 majority is 
 not obtained. 
 
 Canvassing 
 expenses. 
 
 Treating and 
 conveyance 
 of vcters. 
 
 Electkn 
 finally 
 decided on 
 by whols 
 House. 
 
 Corrupt 
 practices. 
 
 Where no one candidate has obtained a clear majority 
 of votes at the first election, a second election takes place 
 by a repetition of the same processes, when the choice of 
 the electors is restricted to the two competitors who 
 stood highest at the first. The expenses attending this 
 second election are borne, like those of the first, by the 
 State. The supporters of a candidate who has been 
 brought forward to represent a party or a clnb may pay 
 his canvassing expenses for him, but these must be 
 restricted to such trifling charges as advertising, station- 
 ery, postage, &c., for expenditure on anything further 
 would endanger his seat, if he proved successful. 
 Treating, or the conveyance of voters to the poll, is not 
 permitted. 
 
 Any question respecting the validity of an election is 
 ultimately decided by a vote of the whole House, and is 
 often determined in a great degree by party considera- 
 tions. Independently of any such decision as to the seat, 
 fraud or corrupt practice at elections is punishable under 
 the Austrian penal code by imprisonment from one to 
 six months. There is therefore no apparent reason why 
 the Law Courts should not condemn a man for fraud or 
 bribery whom the House might nevertheless declare to 
 be duly elected.* 
 
 Hungary. 
 
 Reichstag. 
 
 House of 
 Magnates. 
 
 The Reichstag of the kingdom of Hungary, like the 
 Austrian Parliament, is composed of two Houses, of 
 which the upper is called the House of Magnates and 
 the lower the House of Representatives. 
 
 The House of Magnates consists of 460 members, viz., 
 21 archdukes, 286 hereditary peers, 40 archbishops and 
 
 * Reports from certain European Countries, &c. (presented to Par- 
 liament). Miscellaneous, No. 7 (1881), page 2 (Electoral Contests). 
 
PARLIAMENT. 15 
 
 bishops, and other dignitaries of the Eoman Catholic and Austria- 
 Greek Churches, and 11 ecclesiastical and lay represen- 
 tatives of the Protestant confessions, 82 life peers, 1 7 ex 
 officio members, and three delegates from Croatia- Scla- 
 vonia, being all those who have the right to sit and vote 
 in the Chamber according to the following conditions, 
 viz. : (a) by hereditary right ; (b) by virtue of some 
 dignity or office ; (c) by the nomination of the King for 
 life ; and (d) in virtue of the election made by the Diet 
 of Croatia- Sclavonia under the law of 1881.* 
 
 Previously to the year 1885 the House of Magnates 
 consisted of 742 members, viz., two archdukes, 47 arch- 
 bishops and bishops, two abbots and one grand prior, 10 
 territorial magnates, 68 palatines, and 607 dignitaries 
 and hereditary peers of Hungary, with two deputies from 
 Croatia and six from Transylvania. 
 
 Those entitled to sit by hereditary risfht are (a) the Hereditary 
 
 members. 
 
 archdukes of the ruling dynasty who are of age ; (b) all 
 such male members, at least 24 years old, of the families 
 hitherto entitled to be represented in the Upper House 
 as, adding the property of their wives and of their 
 children under age, have in Hungary a landed estate of 
 which the direct ground-rent, paid to the State, amounts 
 to at least 3,000 florins; (c) Hungarian citizens by 
 birth, and their male legitimate descendants in direct 
 line, on whom the King, on the advice of the Ministry, 
 confers an hereditary seat in the Chamber of Magnates, 
 but without a corresponding title. 
 
 It is provided that magnates who have become 
 naturalised in Hungary, and who, besides the right 
 to sit in the Hungarian Upper House, have likewise 
 
 * This law fixed the number of deputies to be sent by the Diet at 
 three, instead of two, as provided by Law XXX. of 1868. 
 
16 
 
 CONSTITUTION OF 
 
 Austria- seats in the Austrian Upper House, may sit in the 
 ' ary> Hungarian Upper House, if possessed of sufficient 
 estate, but that they will lose thereby the right to sit 
 in the Austrian Assembly. 
 
 The Council of Ministers can only propose an Hun- 
 garian citizen of merit who fulfils all the above men- 
 tioned conditions of age and property. 
 
 Those entitled to sit in virtue of their dignity or 
 office are (a) the Barons of the Kingdom and the Count of 
 Poysony (Presbourg)*; (6) the two Chief Guardians of 
 the Eoyal Crown ; (c) the Governor of Fiume ; and (d) 
 
 Ex-qfftcio 
 members. 
 
 * The title of Barons of the Kingdom is now purely honorary. The 
 dignity of Count Palatine is extinct. 
 
 The following are the Latin titles of the other barons, with the 
 English equivalent, as far as it can be made out in the Glossary of Dn 
 Cange : 
 
 1. Judex Curise Eegiae. (Judge of the Eoyal Court.) 
 
 2. Eegnorum Croatise, Sclavonic, Dalmatian Banus. (Ban of the 
 
 Kingdoms of Croatia, Sclavonia and Dalmatia.) 
 
 3. Tavernicorum Eegalium Magister. (Lord Great Chamber- 
 
 lain.) 
 
 4. Pincernarium Eegalium Magister. (Chief Butler.) 
 
 5. Agaronum Eegalium Magister. (Master of the Horse.) 
 
 6. CuriaB Eegiae Magister. (Master of the Eoyal Court.) 
 
 7. Janitorum Eegalium Magister. (Chief Porter.) 
 
 8. Magister Cubicularium. (Chief of the Chamberlains.) (Cubi- 
 
 cularius is the Keeper of the Bedchamber.) 
 
 9. TurmaB Prsetorianas Hungarian Capitanus. (Captain of the 
 
 Praetorian Band of Hungary.) 
 
 10. Dapiferarum Eegalium Magister. (Chief Seneschal.) 
 
 11. Comes Posoniensis. (Count of Poysony.) 
 
 12. Sanctse Coronse Eegni Hungarise Conservatoires (2). (Keepers 
 
 [or Guardians] of the Hungarian Crown.) 
 
 There are two Guardians of the Eoyal Crown, who are elected by 
 the Hungarian Parliament, and the office is of great dignity and import- 
 ance. In the long dynastic struggles, the possession of the Crown 
 often decided the issue of the contest between different pretenders, for 
 by the common people only he who had been crowned with the Crown 
 of St. Stephen was looked upon as King. (See account of the election 
 of one of the two Guardians of the Crown, in The Times, 1st December, 
 1882, page 3.) 
 
PAKLIAMENT. 17 
 
 the President and Yice-President of the Supreme Austria- 
 
 Honorary. 
 
 Court, and the President of the Court of Appeal of 
 Budapest. " 
 
 The following clerical persons also have seats : (a) Eccieascai 
 in the Roman Catholic Church, the Primate and the 
 other archbishops, the Bishops of Tinnin (Knin), and 
 also the Abbot of Pannonia, the Superior of Jaszo 
 (Joos), and the Prior of Aurania; (b) in the Greek 
 Oriental Church, the Servian Patriarch, the Eoumanian 
 Metropolitan, and the bishops of the " comitats " ; (c) 
 the three senior bishops or superintendents of the Evan- 
 gelical Reformed Church and of the Helvetic confession; 
 the inspector general of the Evangelical Church of the 
 confession of Augsbourg, and two senior inspectors and 
 also the senior chief, whether bishop or superintendent, 
 of the Unitarian Church. 
 
 Those entitled to sit on the nomination of the Ein- Life 
 
 members. 
 
 peror for life may be selected by His Majesty, on the 
 proposal of the Council of Ministers, from the ranks of 
 the citizens who shall have distinguished themselves in 
 any sphere of public life. The number at first shall not 
 exceed 30, and in the future the nominations are to take 
 place successively, and are not to exceed five a year, the 
 whole number never being more than 50. 
 
 The fact of a member holding military or civil 
 employment does not disqualify him from sitting. 
 
 Nobody can be a member of the Chamber unless he use of 
 can comply with the provisions of Law XLIV. of 1868, 
 which require that the language used shall be exclu- 
 sively Magyar, with the exception of the deputies of 
 Croatia- Sclavonia, who are allowed to use their own 
 language. 
 
 Members of the Chamber lose their seats in the fol- 
 lowing instances : 
 
 C 
 
18 CONSTITUTION OP 
 
 Austria- Ex officio members when they cease to hold their 
 
 DiZS. dignities or functions; 
 
 tions * Life members when their resignations have been 
 
 accepted by the King on the recommendation of the 
 Council of Ministers ; 
 
 Elected members at the expiration of their mandate ; 
 All members who have been condemned by the 
 regular tribunals to imprisonment, &c., or when they 
 have lost their citizenship. 
 
 Conviction for minor offences, as well as insolvency 
 and want of property qualification, involves suspension 
 for the time that the disqualification exists. 
 
 Any hereditary magnate who accepts a seat as a 
 deputy temporarily becomes incapable of sitting.* 
 House of The Lower House is composed of 453 members, of 
 
 tives. whom 337 represent Hungary, one Fiume, 75 Transyl- 
 
 vania, and 40 are delegates of Croatia and Sclavonia. 
 Duration of The members are elected for a period of five years, by 
 
 Parliament. J a ' / J 
 
 the vote of all citizens of full age who pay certain direct 
 taxes. 
 
 No one is entitled to the franchise in Hungary unless 
 he be a Hungarian born or naturalised, and 20 years of 
 
 age- 
 Electoral The following persons are entitled to vote for the 
 
 qualifications 
 
 election of Members of Parliament : 
 In towns : 
 
 Proprietors of houses (subject to the house tax) con- 
 taining at least three rooms ; or 
 Proprietors of a piece of land paying land tax upon 
 a clear yearly value of not less than 16 florins 
 (1 6s. 8d.). 
 
 * See Austrian correspondent of The Times, 21st October, 1884. 
 Annuaire, vol. xv. (1885), pp, 244-248. 
 
PARLIAMENT. 19 
 
 In country districts : Austria- 
 
 Hungary 
 Holders of at least the fourth part of a former 
 
 feudal tenure land, i.e., from 4 to 10 jochs, 
 according to different parts of the country. 
 The following persons, whether resident in urban 
 or rural districts, have also the right of franchise : 
 
 (a.) Those who pay tax on the basis of 105 florins 
 (8 15s.) yearly income derived from a house 
 subject to house rent tax, land, capital or 
 both. 
 
 (6.) In the case of merchants, bankers, manufac- 
 turers, artists, teachers, those who pay taxes 
 on an estimated income of 105 florins derived 
 from their business. 
 
 (c.) Manufacturers who, being in rural districts, pay 
 tax on one employed workman. 
 
 (d.) Clerks, employes, &c., in receipt of fixed 
 salaries amounting to not less than 700 florins 
 (about 60) per annum. For persons of this 
 category in the service of the State, of a 
 municipality, or of a commune, a yearly 
 salary of 500 florins (about 42) is sufficient 
 qualification. 
 
 (e.) Members of the Academy of Science, professors, 
 doctors (of medicine, law, theology and philo- 
 sophy), chemists, advocates, civil engineers, 
 notaries' public, clergymen in orders, teachers 
 in public schools, persons holding a diploma 
 from the schools of mining and forest manage- 
 ment. 
 The following are disqualified from voting : 
 
 (a.} Those who are under the control of parents or Disqualifi- 
 cations, 
 guardians. 
 
 (b.) Apprentices, servants, &c. 
 
 c 2 
 
20 CONSTITUTION OP 
 
 Austria- ( c \ Members of the regular army or navy, and 
 
 Hungary, 
 
 Honved army, while serving. 
 
 (d.) Police constables, gendarmes, and persons 
 
 serving in the force attached to the Finance 
 
 Ministry for the collection of taxes, customs 
 
 dues, &c. 
 (e.) Persons in prison undergoing sentence, or 
 
 who may be imprisoned pending a criminal 
 
 investigation. 
 (/.) Persons deprived by judicial sentence of the 
 
 right of franchise. 
 (g.) Bankrupts. 
 (h.) Persons in arrear for taxes during the year 
 
 preceding that in which the voting lists are 
 
 drawn up. 
 proportion As to the proportion borne by the number of the 
 
 of electorate J 
 
 iatfon. u ~ electorate to the population : 
 
 The whole population of Hungary (exclusive of 
 Croatia) was, according to the census of 1880, 
 13,728,622. 
 
 The number of the electorate, according to the last 
 available returns, was 821,241. 
 
 Consequently, one person in every eighteen of the 
 whole population is in possession of a vote. 
 
 The right of voting is, however, restricted to males 
 above 20 years of age, whom the census papers prove 
 to have numbered, in 1880, 3,632,386 persons. One in 
 every four and a-half such persons has therefore the 
 right of franchise.* 
 
 Sessions. The Reichstag is convoked every year, in October, by 
 
 the King, but the sessions are usually adjourned during 
 
 * Reports respecting the Qualifications for the Parliamentary 
 Franchise in Foreign Countries. Miscellaneous, No. 1 (1883). 
 
PARLIAMENT. 21 
 
 the summer months. There are also short holidays at Austria- 
 Christmas and Easter. The sittings are generally held 
 between the hours of 10 a.m. and 2 o'clock p.m. 
 
 In the House of Magnates the parties are not Political 
 organised, and the members sit promiscuously. 
 
 In the Lower House the majority is the so-called 
 Liberal party, consisting of 250 members. The oppo- 
 sition is composed of the Moderates, under the leader- 
 ship of Count Apponyi, who accepted and acknowledged 
 the convention of 1867, between the crown and the 
 nation, in all its terms, their number being 56 ; whilst 
 the Independents, 80 in number, who look for the 
 perfect independence of Hungary from Austria, aim at 
 the pure personal union. The Croatian delegation of the 
 Diet of Agram has 40 members who vote with the 
 Liberal party. The other national groups vote alter- 
 nately with the government and the opposition. 
 
 Parliamentary electoral procedure in Hungary has Electoral 
 been regulated, up to the present time, by the Electoral 
 Law, No. 33, 1874, paragraphs 56-89. There is no Electioneer- 
 enactment relating to the restriction and payment of expenses, 
 electioneering expenses. The disbursements attending 
 the electoral lists, erection of hustings or polling booths, 
 and stationery are paid by the State, local funds con- 
 tributing nothing. The official expenses of an election 
 being insignificant are scarcely taken into consideration. 
 
 A decree ordering a general election is published by Decree 
 the Minister of the Interior, and the elections throughout JgJJJJJ s 
 the country must be finished within 10 days from its 
 issue. 
 
 Each constituency has its central committee, to which consti- 
 is delegated the management of the elections. The officers committees, 
 of the committee consist of a chairman, a recorder and 
 their proxies. Constituencies in which the number of 
 
22 CONSTITUTION OP 
 
 Austria- electors does not exceed 1,500 have also a " Committee 
 
 ' ary * of Scrutiny," presided over by tlie President of the 
 
 committees Central Committee. Constituencies containing upwards 
 
 of Scrutiny. 
 
 of 1,500 electors have two "Committees of Scrutiny," 
 and in those of more than 3,000 the central committee 
 is empowered to appoint a third. Communities or 
 parishes within the constituency are allotted by the 
 central committee to the Committee of Scrutiny. The 
 central committee likewise determines the order in 
 which the said communities and parishes shall vote. 
 The President of the Committee is not eligible for 
 election in the constituency in which he presides. 
 
 Personation The municipality of every town, and the magistracy 
 of every community, furnish two of their members, 
 whose office it is to establish the identity of the electors ; 
 and with the same object, the supporters of candidates 
 for election appoint an inhabitant of the town or com- 
 munity. 
 
 Duties of It is the duty of the President of the Committee of 
 
 President of . 
 
 committee Scrutiny to collect and register the votes of electors, to 
 
 of Scrutiny. 
 
 decide upon objections raised against the same, to 
 maintain public order in the localities over which they 
 preside and their immediate neighbourhood, and, by 
 giving notice to the central committee, to dispose, if 
 necessary, of the military force. If it be deemed 
 necessary, voting may be suspended and resumed at the 
 pleasure of the President, 
 who may Any qualified elector may propose a candidate in 
 
 propose a 
 
 candidate, writing to the Committee of Scrutiny, provided it be 
 not later than within half an hour of the commencement 
 of the voting. If half an hour after the voting has 
 begun only one candidate has been proposed, the Presi- 
 dent declares the poll closed and the candidate duly 
 elected. 
 
PARLIAMENT. l23 
 
 If several candidates have been duly proposed, and Austria- 
 10 electors desire that the voting shall commence, the 
 President is bound to proceed with it, and to continue 
 the same without interruption until finished. 
 
 An authenticated copy of the electoral list must voters must 
 
 be registered 
 
 be furnished to the Committee of Scrutiny, and voters 
 who have been duly registered are alone entitled to 
 vote, and then only in the constituency to which they 
 belong. 
 
 No one except the members of the Committee of Persons 
 
 admitted 
 
 Scrutiny, the candidates' supporters, the local magis- i " t * he lace 
 trates, and polling clerks, is permitted to be present at Method of 
 the polling place, to which the voters are summoned 
 singly. The President alone is allowed to address 
 questions to a voter, and that only within the limits of 
 his functions. If, while the election is proceeding, all 
 the candidates save one put in a written notice of 
 withdrawal, the remaining candidate is declared duly 
 elected. 
 
 In cases where no candidate has obtained an absolute when no 
 
 candidate 
 
 majority, a fresh poll takes place between the two can- obtains an 
 
 J J } absolute 
 
 didates standing highest on the first poll. Anything JSTpXi a 
 over and above 50 per cent, of all the votes registered is takes P lac 
 deemed to be an absolute majority. Doubtful votes are 
 null and void. If two candidates obtain an equal 
 number of votes, or should either of them die before the 
 day appointed for the election, a new election must be 
 held. If in the meantime one of the candidates should 
 retire, the unopposed candidate is declared duly elected 
 on the day appointed for the new election. 
 
 When all the committees'* have voted in the order 
 appointed, the President prescribes a limit of not less 
 
 * So in original ; but qy. i; communities," 
 
24 CONSTITUTION OP 
 
 Austria- than one, and not exceeding two, hours, at the expiration 
 Hungary. ^ ^^^ no f ur ther votes can be registered. 
 pr?ceed S ings. Detailed minutes have to be drawn up of the circum- 
 stances attending the election, in which are specified the 
 names of the members of the committees, all incidents 
 referring to the maintenance of public order, and the 
 hours of opening and closing the polls. No protest may 
 be entered in the minutes, which are signed by the 
 President and the clerks. Three copies of the minutes 
 are distributed as follows : one to the elected candidate ; 
 one to the central committee, to be deposited in the 
 archives of the town or municipality ; and a third to the 
 Minister of the Interior. The copy handed over to the 
 newly elected member becomes his parliamentary 
 mandate. 
 
 Seffiis Elections disputed by petitions should be adjudicated 
 
 how decided. on "by the Supreme Court of Justice; but as there exists no 
 law at present regulating the competency and procedure 
 of the court in such matters, disputed elections are dealt 
 with by a commission of the Chamber of Deputies. 
 raetices ^6 Electoral Law of 1874 is presumed to have dealt 
 
 with corrupt practices ; practically, however, it has been 
 a dead letter, as after the elections are concluded parties 
 usually effect a compromise, and mutually withdraw all 
 accusations. During the Parliament of 1878-81 not a 
 single election was annulled, notwithstanding that corrupt 
 practices were notoriously common.* 
 
 BELGIUM. 
 
 The Legisia- By the Belgian constitution the legislative power is 
 exercised by the King, the Senate, and the Chamber of 
 
 * Reports from certain European Countries, &c. (presented to Par- 
 liament). Miscellaneous, Xo. 7 (1881), page 2 (Electoral Contests). 
 
 tare. 
 
PARLIAMENT. 25 
 
 Kepresentatives. New legislative measures may be Belgium, 
 introduced by either of these three branches, with the 
 exception of laws relating to the revenue and expendi- 
 ture of the State,, and to the army contingent, which 
 must first be voted in the Lower Chamber. 
 
 The executive power is in the hands of the King and Executive 
 
 power. 
 
 his ministers, who are responsible. 
 
 Xo act of the King can have any effect unless it is ^ C f e c f ^, 
 countersigned by a minister, who, by that act alone, tersi s ne(L 
 renders himself responsible. 
 
 The King nominates and dismisses his ministers, powers of 
 He makes the necessary rules and regulations for the KlDg ' 
 execution of the laws, without being able ever to suspend 
 the laws themselves or to dispense with their execution. 
 
 The King cannot be at any time chief of another 
 state without the assent of the two Chambers ; neither 
 Chamber can deliberate on this question, unless at least 
 two-thirds of its members are present, and the resolution 
 to be passed must have a majority of two-thirds in its 
 favour. 
 
 The King commands the land and sea forces, declares 
 war, and makes treaties of peace, alliance and commerce. 
 Treaties of commerce, and those which affect the State 
 collectively or individually, have no effect until they 
 have received the assent of the Chambers. No cession, 
 or exchange, or addition of territory can take place 
 except in virtue of a law. In any case, the secret 
 articles of a treaty cannot be destructive of those which 
 are published. 
 
 The King can adjourn the Chambers, but the ad- 
 journment cannot exceed the term of one month, nor be 
 renewed in the same session, without the assent of the 
 Chambers. 
 
 The King has no other powers except those which 
 
26 CONSTITUTION OF 
 
 Belgium, have been formally conferred on him by the constitution 
 and the particular laws carried in virtue of the constitution. 
 
 Death of the On the death of the King, the Chambers assemble 
 without being summoned, not later than the tenth day 
 after his decease. If they have been previously dis- 
 solved, and have been summoned in the act of dissolu- 
 tion for a later day, the old Chambers resume their 
 functions until the assembling of their successors. If 
 only one Chamber is dissolved, the same rule is followed 
 with regard to it. 
 
 Temporary From the date of the King's death and until the 
 
 Government. 
 
 taking of the oath by his successor or the Regent, the 
 constitutional powers of the King are exercised, in the 
 name of the Belgian people, by the ministers assembled 
 in council, and under their responsibility. 
 
 Age of The King is of age at eighteen, but he does not take 
 
 possession of the throne until after he has solemnly 
 taken, in the presence of the united Chambers, the fol- 
 
 Royai oath, lowing oath : ( ' I swear to observe the constitution and 
 1 c the laws of the Belgian people, to maintain the national 
 ( ' independence, and the integrity of the territory ." 
 
 siSorfo ^ at tne death f tne King, his successor is a minor, 
 
 the crown. ^e ^ WQ Chambers assemble together for the purpose of 
 choosing a Regent and guardian. 
 
 If the King becomes incapable of reigning, the 
 ministers, after having satisfied themselves as to the 
 fact, immediately convoke the Chambers, who take the 
 necessary steps for appointing guardians and a Regent. 
 
 Regency. The regency can only be conferred on one person, who 
 is required to take the oath prescribed by Article 80. 
 No change can be made in the constitution during a 
 regency. 
 
 In the event of the throne becoming vacant, the 
 Chambers, in a joint sitting, provide provisionally 
 
PARLIAMENT. 27 
 
 for the regency until the assembling of the Chambers Belgium, 
 after their renewal. This reunion takes place within 
 two months at the latest. The new Chambers, delibera- 
 ting together, definitely provide for the vacancy. 
 
 Nobody can be a minister unless he is a Belgian by Ministers. 
 birth, or has received the " grande naturalisation." No 
 member of the Koyal Family can be a minister. Ministers 
 have only a deliberative voice in one or the other 
 Chamber, except when they are its members. They 
 have the right of entry into each Chamber, and must be 
 heard whenever they demand it. The Chambers can 
 always require their presence. 
 
 In 110 case can the verbal or written order of the 
 King relieve a minister of his responsibility. 
 
 The Chamber of Representatives has the right of Rjght of 
 accusing the ministers and of prosecuting them, before raent - 
 the Supreme Court (cour de cassation), which alone has 
 the right of judging them. 
 
 The King cannot pardon a minister who has been Limitation 
 
 as to 
 
 condemned by the Supreme Court, except on the demand pardon, 
 of one of the Chambers. 
 
 The ministers are seven in number and preside over Ministerial 
 the following departments, viz.: Presidency of the 
 Council and Finance ; Justice ; Ministry of the Interior 
 and of Instruction; War; Railways, Posts, and Tele- 
 graphs; Foreign Affairs; and Agriculture, Industry, 
 and Public Works. 
 
 The Chamber of Representatives is composed of Chamber of 
 
 Representu- 
 
 deputies elected directly by citizens of 21 years of age, tives - 
 who are Belgians by birth or naturalisation, and who 
 pay in direct taxes the sum of 42 francs 32 centimes* 
 
 * In the constitution of 1831 this amount is given in florins, the 
 currency of the time ; but in the code electoral, 1872, the amount is 
 stated as above. 
 
28 CONSTITUTION OF 
 
 Belgium. (20 florins) , and whose names are inserted in the 
 electoral lists. These lists are revised every year, in 
 the first fortnight in August, by the burgomaster and 
 sheriffs. 
 
 E i15mcSion ^ n 18&3 the right of voting was considerably ex- 
 tended. There had hitherto been three classes of 
 electors in Belgium, all of whom possessed a voting 
 qualification, which was fixed at a minimum of 10 francs 
 for communal, 20 francs for provincial voters, or 42 
 francs of direct taxation. The principle of this electoral 
 reform was the conferring of the franchise on those 
 who possess certain educational attainments, inde- 
 pendently of the former rating qualification. The 
 new law was naturally only applicable to the lower 
 classes of electors. Ministers of State, members of 
 both Legislative Chambers, &c., in short, eighteen 
 classes of citizens whose educational attainments were 
 otherwise patent, were exempted from the operation 
 of the new law. The qualification required is read- 
 ing and writing in the mother tongue, either French 
 or Flemish; a knowledge of arithmetic, weights and 
 measures, and the outlines of geography, natural 
 history, and of la morale. To insure impartiality, the 
 jury appointed to examine the candidates is to be 
 composed of three members, all belonging to districts 
 outside that in which the examination is held. One 
 member is to be chosen from the officials of State 
 schools, one from private schools, whilst the third, who 
 is the ex qfficio chairman, is to be wholly disconnected 
 with any teaching body.* 
 
 Qualification To be qualified for election, it is necessary to be a 
 
 of member* Belgian by birth, or to have received the " grande 
 
 * Annual Register, 1883, p. [261]. 
 
PARLIAMENT. 29 
 
 naturalisation/ ' to be in the enjoyment of civil and Belgium. 
 political rights, to have attained the age of 25 years, 
 and to be resident in Belgium. The members are 
 elected for four years. Half of them retire every two 
 years, according to the rotation fixed by the electoral 
 law, but in case of a dissolution the Chamber is wholly 
 re-elected. 
 
 The number of deputies is fixed at the rate of one Proportion of 
 
 deputies to 
 
 member for every 40,000 of the population, and there- PP ulatlon - 
 fore varies from time to time. In 1874 there were 124 
 members ; there are now 138. Each member, not Their 
 
 salaries. 
 
 residing in the town where the Chamber sits, enjoys 
 during the session a monthly allowance of 430 francs 
 (200 florins). 
 
 The members of the Senate are appointed in propor- senate, its 
 
 composition 
 
 tion to the population of each province by the same citizens and duration, 
 who elect the deputies. The Upper House contains 
 only half the number of members of which the Lower 
 House is composed. The senators are chosen for eight 
 years, half of them retiring every four years ; but, in 
 the case of a dissolution, the whole number must be 
 renewed. The conditions necessary for the election of a Qualification 
 
 of a senator. 
 
 senator are the same as those for a deputy, with the 
 addition that the former must be at least 40 years of 
 age, and pay in direct taxes at least 2,116 francs 40 cen- 
 times (1,000 florins). In those provinces where the list 
 of citizens paying this latter sum does not reach to the 
 proportion of one in 6,000 of the population, the names of 
 those citizens are added who pay the largest amount of 
 direct taxes, so as to bring the number up to the 
 required proportion. No senator receives any allowance.* 
 
 * Manuel a 1'usage des Membres rlu Senat et de la Chambi-e des= 
 Representants de Belgique, 1874. 
 
30 CONSTITUTION OF 
 
 Belgium. No salaried civil servants, except ministers, can sit in 
 either Chamber. 
 
 members ^ e mem ^ ers of the two Houses represent the nation,, 
 
 and are not to be considered as merely the delegates of 
 the province by which they have been elected. 
 
 Freedom^of Freedom of speech is guaranteed to every member, 
 
 from arrest. an( j no member of either House can be arrested during 
 the session, except by the authority of the Chamber of 
 which he is a member, unless he is detected in the 
 actual commission of a crime. 
 
 ?Snstit f u. ^ke kgislative authority has the right to declare 
 
 tlon> that it is advisable to revise the constitution. 
 
 After this declaration the two Chambers are dissolved 
 by right. Two new Chambers will then be convoked 
 under Article 71. These Chambers decide, subject to 
 the King ; s approval, on the points submitted for 
 revision. In this case the Chambers cannot deliberate 
 unless two-thirds at least of each Chamber are present, 
 and no change can be made, unless it is passed by a 
 majority of two-thirds. 
 
 me^and 6 " ^^ e P ar ^ amen *ary session always begins on the 
 
 parliament^ second Tuesday of November, and generally lasts till the 
 lon ' following June or July, or from eight to nine months. 
 The hour of meeting is generally 1 o'clock p.m. on the 
 opening, 2 o'clock during the remainder, of the session. 
 There is usually a recess for three weeks at Christmas 
 and the same at Easter. 
 
 sittings. The Chamber of Representatives sits Tuesdays, 
 
 Wednesdays, Thursdays and Fridays in each week, 
 while the Senate assembles at more irregular intervals, 
 as occasion may require. 
 
 June eiec- When elections take place in June, which is the case 
 
 tions. 
 
 every alternate year, the Chamber generally adjourns 
 about the middle of May. Each Chamber is renewed by 
 
PARLIAMENT. 
 
 31 
 
 a series of provinces one series comprises the provinces Belgium, 
 of Antwerp, Brabant, Western Flanders, Luxembourg 
 and Namur ; the other series includes the provinces of 
 Eastern Flanders, Hainault, Liege and Limbourg. In 
 case of dissolution, the elections to replace the first series 
 retiring take place for the Chamber of Representatives 
 in the month of June following the second ordinary 
 session, and for the Senate, if it has been renewed in this 
 manner, in the month of June following the fourth 
 ordinary session. The elections for the replacement of 
 the second series of the Chamber of Representatives will 
 take place two years later, and for the Senate four years 
 later.* The session, which must last at least 40 days, is 
 closed by a royal Arrete. 
 
 * Annnaire de Legislation Etrangere, vol. 8, page 492 (1878). 
 The following table gives the apportionment of representatives and 
 senators according to the First Article of the law of 9th May, 1882 : 
 
 Province. 
 
 Arromi 
 ments. 
 
 Popula- 
 tion. 
 
 Represen- 
 tants. 
 
 Sena- 
 teurs. 
 
 Anvers 
 
 3 
 
 577,232 
 
 14 
 
 7 
 
 Brabant 
 
 3 985,265 
 
 25 12 
 
 Flandre Occidental 
 
 8 691,764 
 
 17 9 
 
 Flandre Orientale ... 
 
 6 884,003 
 
 22 11 
 
 Hainaut 
 
 6 997,562 
 
 25 12 
 
 Lie'ge 
 
 4 662,613 
 
 17 8 
 
 Limbourg ... 
 
 3 1 210,851 
 
 5 3 
 
 Luxembourg 
 
 5 
 
 209,118 
 
 5 3 
 
 Xamur 
 
 3 
 
 322,620 
 
 8 4 
 
 Total 10 
 
 41 
 
 5,521,028 
 
 138 
 
 69 
 
 Manuel a 1'usage des Membres du Senat et de la Chambre des 
 Representants, 1886, pp. 209-212. 
 
32 CONSTITUTION OF 
 
 Belgium. In the event of a dissolution, a new election must 
 
 St e e C r tlon . take place within 40 days,, and the Parliament must meet 
 
 within two months. The King can dissolve the houses 
 
 simultaneously, or either separately.* 
 Proceedings For the parliamentary elections the electors assemble 
 
 at elections. * 
 
 m their colleges at the chief commune of the " arron- 
 
 dissement adrninistratif," and divide themselves into 
 
 different sections, each section consisting of not more 
 
 Preliminary than 500 or less than 200 electors. The President of the 
 
 arrange- 
 ments. Tribunal of First Instance, or, in his absence, his sub- 
 
 stitute^ is chairman of the principal board. If there are 
 several sections, the second and following ones are 
 presided over by one of the judges or deputy judges, 
 according to seniority. 
 
 Fifteen days at least before the elections the Governor 
 (of the province) transmits to the President of the 
 Tribunal of First Instance a list showing, as to each 
 electoral section, the names and addresses of the burgo- 
 master and members of the communal councils forming 
 scrutineers part of that section. From the latter, four scrutineers 
 
 appointed. 
 
 and four assistants are selected by lot for each of the 
 sections. Should the communal councillors be less than 
 20 in number, the President makes up this number by 
 adding those voters in the section who are most heavily 
 assessed. The scrutineers and assistants are then sum- 
 moned by the President to come on the day of the elec- 
 Penaityfor tion and fulfil their functions. Should any of these be 
 
 non-attend- 
 
 ance. 
 
 absent without lawful excuse, they are subject to a 
 penalty of from 50 to 250 francs. The secretary is 
 appointed by the President and has no deliberative voice. 
 Each member or secretary of a board receives a counter 
 
 * Reports respecting practice, &c., of Legislative Assemblies (pre- 
 sented to Parliament). Miscellaneous, No. 1 (1881), page 2. 
 
PARLIAMENT. 33 
 
 of the value of 20 francs for attendance at each sitting. Belgium. 
 Xo person can be present in the polling place of a section penalty for 
 during an election, who is neither a member of a board, present m 
 
 ' the polling 
 
 nor a voter, nor a candidate. If he remains after being 
 expelled by order of the President, he may be punished 
 with a fine of from 50 to 250 francs. The order for his 
 expulsion as recorded in the minutes is evidence in 
 support of the infliction of the fine. 
 
 AVhen the number of candidates does not exceed 
 that of the members to be elected, these candidates are 
 elected and returned, whatever may be the number of 
 votes they have obtained. If, on the other hand, the 
 number of candidates exceeds that of the members to 
 be elected, no one is elected at the first round of the 
 ballot unless he obtains more than half of the votes. 
 
 The State provides the electoral papers, which are 
 stamped before being handed to the chairman of the 
 principal bureau (committee). 
 
 The Government determines the size of the tickets 
 according to the number of the members to be elected. 
 The tickets must not be of different sizes in the same 
 assembly (college) and for the same election. The chief 
 communes of the district have the charge of keeping in 
 repair, enlarging and renewing the partitions, desks, and 
 other things which are furnished to them by the State. 
 Timber partitions, desks, stamps, &c., are provided by 
 the provinces for the other communes of the canton, 
 which are expected to keep them in repair. All the 
 other expenses, &c., relative to electoral proceedings 
 (with the exception of electoral lists concerning more 
 than one commune, which are provided by the province), 
 are borne by the commune where the election takes 
 place. The ballot boxes must be in conformity with the 
 model approved of by the Government. 
 
 D 
 
34 CONSTITUTION OF 
 
 Belgium, For offences against the electoral law, a large number 
 
 and of penalties is provided by the " Code Electoral." 
 
 Any person guilty of any of the following offences is 
 liable to the infliction of a fine of from 26 francs to 
 200 francs : 
 
 (1.) Fraudulent attempt to get a name placed 011 
 
 the list of electors. 
 
 (2.) Payment of money to electors under pretence of 
 its being an indemnity for travelling or atten- 
 dance. 
 
 (3.) Treating the giver and receiver being equally 
 liable to the same penalty. Innkeepers, 
 &c., cannot maintain an action for payment 
 of disbursements made for treating at 
 elections. 
 
 The counterfeiting of electoral tickets is punished as 
 tickets, a f or g er j o f public documents. Any person who has 
 .Bribery, bribed, or been bribed, is liable to a fine of from 50 francs 
 to 500 francs, and to the deprivation of his electoral 
 rights for from five to ten years. 
 
 Coercion. Any attempt at coercion is punishable by a fine of 
 
 from 26 to 200 francs, with or without imprisonment of 
 from eight days to one month. 
 
 Forsonation, Any one guilty of personation is liable to imprison- 
 ment of from one month to one year, and to a fine of 
 from 26 to 1,000 francs, 
 violation Any President, secretary, or scrutineer of a com- 
 
 of secrecy of 
 
 the baiiot. mittee, or any candidate's witness who violates the 
 
 secrecy of the ballot, may be fined from 500 to 3,000 
 
 francs, and be deprived of his electoral rights for 10 
 
 Fraudulent years ; and he may be imprisoned for from three months 
 
 votmj,' to two years, with a fine of from 50 to 2,000 francs, 
 
 tickets. ^ 
 
 if he fraudulently alters the voting tickets in any 
 way. 
 
PARLIAMENT. 35 
 
 The prosecution of offences under the present code, as Belgium. 
 also the right of civil action, is barred, after the expira- 
 tion of six months clear from the date of commission of 
 the offence.* 
 
 DENMARK, t 
 
 The Danish legislative assembly, or Rigsdag, is com- Rigsdag. 
 posed of the Landsthing and the Folkething ; the former 
 being a Senate, and the latter a Chamber of Representa- 
 tives. The Landsthing consists of 66 and the Folkething 
 of 102 member s.J The existing constitution is regulated 
 by the Statute of July 28th, 1866, which restored with 
 modifications the Charter of June 5th, 1849. 
 
 The legislative power belongs to the King and Form of 
 
 government. 
 
 Rigsdag jointly; the executive authority being in the 
 hands of the King. 
 
 The King cannot, without the consent of the Rigs- 
 dag, become the sovereign of any other country. He National 
 must belong to the Evangelical Lutheran Church, which 
 is the National Church of Denmark. He attains his 
 majority at the age of 18. Before assuming the govern- oath, 
 ment, the King signs, in the presence of the Council 
 of State, the oath to observe inviolably the constitution 
 of the kingdom. Two copies are kept, one being placed 
 in the archives of the Rigsdag, and the other in the 
 archives of the kingdom. 
 
 If the King, through being absent or from any other 
 cause, is unable to take the oath immediately after his 
 accession, the Council of State in the meantime is 
 
 * Miscellaneous, Xo. 7 (1881), (Electoral Contests), page 12. 
 f Grand Dictionnaire Universel, du XIX. Siecle, par M. P. Larousse, 
 Reports on Legislative Assemblies in Foreign Countries (presented 
 to rurliament). Miscellaneous, No. 1 (1881), page 5. 
 
 D 2 
 
36 CONSTITUTION OF 
 
 Denmark, charged with the government, unless otherwise specially 
 provided by law. If, however, he has already taken the 
 oath as heir presumptive, he assumes the government 
 immediately on his accession. 
 
 Absence or J n the event of the absence or illness of the King, he 
 
 illness of the 
 
 King. i s required to confide the government to the heir to 
 the throne, or to a Eegent if the latter is incapable 
 of exercising the authority. If the King is unable from 
 any cause to make these arrangements, it is the duty of 
 the Eigsdag, on being convoked by the Council of State, 
 to decide whether the government shall be entrusted to 
 the heir to the throne, or, if necessary, to a Eegent, 
 who is to be nominated by the Eigsdag by an absolute 
 
 Regency. majority. The same dispositions are to be taken 
 in the case of the minority of the King, and as 
 soon as possible, with a view to a possible minority, the 
 King is to constitute beforehand a regency in accor- 
 dance with the Eigsdag. The Eegent must be a prince 
 of the blood, or, at least, he must be of age, a Dane, 
 and a member of the Lutheran Church. He takes the 
 oath, exercises the royal authority, and enjoys the same 
 prerogatives as the King. In all cases during an inter- 
 regnum, the government is carried on by the Council of 
 State. 
 
 Procedure If the throne is vacant and there is no heir, the 
 
 throne is two Chambers of the Eiersdag' will assemble together, 
 
 vacant and . t fc 
 
 there is no elect a King, and determine on the new order of 
 succession. 
 
 civil list ist of the King is fixed by a law for the 
 
 duration of his reign; allowances may be made to 
 members of the royal family, but they cannot be taken 
 advantage of during absence from the kingdom without 
 the consent of the Eigsdag. 
 
 authority of the King is supreme within certain 
 
PARLIAMENT. 37 
 
 constitutional limits, and he exercises it through his Denmark, 
 ministers, who are responsible for the conduct of the i?of l " 
 government, and are liable to be impeached by the m 
 King or the Folkething before the High Court (Rigsret), 
 on account of their administration. 
 
 No acts of the King are valid unless they have been 
 countersigned by one or more of the ministers. 
 
 All laws and important measures of government are council of 
 deliberated upon by the Council of State, under the 
 presidency of the King. When the King is accidentally 
 prevented from holding the Council of State, he can 
 refer the business to a council of the ministers. This 
 council is composed of all the ministers, under the 
 presidency "of the one who has been named by the King 
 as President of the Council. Each minister gives his 
 vote, which is entered in the minutes, and the decision 
 is taken according to the majority. The President of 
 the Council forwards the minutes, which are signed 
 by all the ministers, to the King, who decides whether 
 he will immediately sanction the proposals of the council 
 of ministers, or cause them to make a report to the 
 Council of State. 
 
 The King declares war and concludes peace ; he Powers of 
 makes and dissolves alliances and treaties of commerce ; 
 but he cannot, without the consent of the Eigsdag, cede 
 any portion of territory, nor contract any obligation 
 which may modify the actual conditions of the rights 
 of the public. 
 
 He convokes every year the Rigsdag in ordinary convocation 
 session, which cannot, without the consent of the King, 
 remain assembled more than two months. The King 
 can convoke the Rigsdag in extraordinary sessions, of 
 which he fixes the duration. He can adjourn the 
 ordinary session of the Rigsdag at a fixed time, but 
 
38 CONSTITUTION OP 
 
 Denmark, not beyond two months without its consent, nor more 
 than once a year in the interval of two ordinary sessions. 
 
 Dissolution. The King can dissolve the whole Eigsdag, or 
 one of the Chambers; in the case of the dissolution 
 of one of the Chambers, the sittings of the other will 
 be suspended until the meeting of the new Eigsdag. 
 
 Meeting of The meeting will take place not later than two 
 
 newRigsdag, 
 
 months after the dissolution. 
 
 Bins and The King" can cause to be presented to the 
 
 Resolutions. 
 
 bills and other resolutions. The consent of the King is 
 required to give the force of law to a resolution of the 
 Eigsdag. He gives directions for the promulgation of 
 the law and carries it into effect. When a resolution, 
 adopted by the Eigsdag, has not been sanctioned by the 
 King before the following session, it is considered as not 
 having any effect. 
 
 illation 1 ^ n particularly urgent cases the King can, in the 
 interval of the sessions, decree provisionary laws which 
 cannot be contrary to the constitution, and ought to be 
 always presented to the Eigsdag at their next meeting. 
 
 Right of The King has the right of pardon and of granting 
 
 an amnesty ; he cannot, however, release ministers from 
 the penalties to which they have been condemned by 
 the High Court (Rigsret), except with the consent of 
 the Folkething. 
 
 The Eigsdag assembles at the seat of government 
 every year on the first Monday in October. In 
 extraordinary cases the King can convoke it in any 
 other place in the interior of the country. It is in- 
 violable, and any person who makes an attempt against 
 its liberty is guilty of high treason. 
 
 Members of the Eigsdag are not bound except by 
 their own convictions, and cannot receive any imperative 
 mandate from their electors. 
 
PARLIAMENT. -''/.I 
 
 Government officials elected to the Bigsdag do Denmark, 
 not require any permission from tjie government. 
 Pending the duration of the sessions no member 
 can be arrested for debt, imprisoned or prosecuted, Freedom 
 
 . . from arrest, 
 
 except in the case of a serious crime, or incur &c. 
 any responsibility for opinions expressed in the 
 Chamber, without the authority of the particular 
 Chamber. 
 
 The ministers have, in virtue of their office, Ministers 
 
 may attend 
 
 the right to attend the debates in both Cham- debates. 
 bers, and to speak as often as they like, but they 
 cannot vote unless they are members of the particular 
 Chamber. 
 
 The political parties in the Kigsdag are the " Left " Political 
 (Liberals) and the " Eight " (Conservatives). Of the 
 GO members of the Landsthing, 41 are reckoned as 
 belonging to the Eight and 13 to the Left. Two mem- 
 bers do not belong to any party. 
 
 Of the 102 members of the late Folkething, 74 be- 
 longed to the Left and 26 to the Eight. One member 
 was a Social Democrat, and one Independent.* 
 
 The joint meeting of the Eigsdag is formed by the Joint meet- 
 
 general assembly of the Folkething and Landsthing. Ui 
 Xo resolution is valid unless half at least of the 
 members of each Chamber is present to take part in 
 the vote. It elects its own president, and fixes the 
 rules of procedure. 
 
 The elections for the Landsthing take place under a Elections for 
 somewhat complicated system. There are 66 members, 
 12 of whom are named for life by the King, and the 
 remaining 54 are elected ; seven by Copenhagen, one by 
 the Island of Bornholm, one by the "Lagthing" of the 
 
 * See Appendix, 
 
40 CONSTITUTION OF 
 
 Denmark. Faroe Islands, and the rest by the electoral districts of 
 Denmark. 
 
 The election of members to the Landsthing involves 
 a double election : 
 
 (a.) In Copenhagen, at the first election, all 
 persons qualified to vote for a candidate for 
 the Folkething join in naming electors of 
 the second degree, in the proportion of one 
 to every 120 electors, every number above 
 60 counting as 120 ; an equal number of 
 electors of the second degree are named by 
 those electors who in the preceding year had 
 a taxable income of at least 2,000 rixdalers 
 (about 222). 
 
 These two bodies of electors of the second degree 
 then proceed together to elect the seven members of the 
 Landsthing for Copenhagen. 
 
 (6.) As regards the elections to the Landsthing 
 throughout the rest of Denmark, all the electors 
 in the rural communes name one elector of the 
 second degree for each commune. 
 The towns, including Frederiksborg, Frederiksvoerk, 
 Marstal, Silkeborg, Logstor, and Nb'rre Sundby, to- 
 gether name a number of electors of the second degree 
 equal to half the number named by the rural communes, 
 adding one if that number be not an even one ; and in 
 each town those electors of the second degree are elected, 
 half by all the electors, and half by those electors who, 
 during the preceding year, had a taxable income of 
 at least 1,000 rixdalers (about 111), or who had paid 
 to the State and to the commune at least 75 rixdalers 
 (about 8) direct taxation. 
 
 The distribution of the whole number of the electors 
 of the second degree between the different towns, in 
 
PARLIAMENT. 41 
 
 proportion to the number of electors of the first degree, Denmark 
 is made by the Government at each of the general 
 elections for the Landsthing, so as to give at least one 
 elector of the second degree of each class to each town. 
 
 To these two classes of electors of the second degree 
 are added, in each district and in equal numbers to 
 those nominated by the rural communes of the district, 
 the electors in the country who during the preceding 
 year have paid to the State and the commune the highest 
 taxes. All these electors of the second degree then 
 proceed together to elect the members of the Landsthing 
 for their district. 
 
 The members of the Landsthing named by the King 
 are appointed for life ; they must be persons who either 
 are, or have been, elected members of the Eigsdag. 
 
 The other members are so elected for eight years 
 that every four years there is a new election for half of 
 them. 
 
 Anv citizen who is a resident in the district, and is 25 Landsthing 
 
 J or Upper 
 
 years of age, is eligible for election. House - 
 
 The members of the Folkethinof are elected 
 
 thing, or 
 
 universal suffrage in the proportion of one deputy to 
 
 16,000 of the population for the term of three years. 
 
 Every male Danish subject, aged 30, is elector for Qualification 
 
 * J ' of elector. 
 
 the Folkething, unless : 
 
 1. He has been condemned by a criminal court. 
 
 2. He is in private service, unless he possesses a 
 
 private establishment of his own. 
 
 3. He is or has been in receipt of public charity, 
 
 and in the latter case has not repaid the sums 
 advanced to him, nor had them remitted to 
 him. 
 
 4. He is a ward ( tf en tutelle ") or a bankrupt. 
 
 No person is qualified as an elector unless he has 
 
42 CONSTITUTION OP 
 
 Denmark, been domiciled for a year in the electoral district or 
 
 town where he is residing at the time of the election. 
 
 Persons who have several domiciles may choose the 
 
 district in which they prefer to vote. 
 Qualification Any person of good repute, and 25 years of age, is 
 
 eligible for the Folkething. 
 
 According to the last census of 1881, Denmark has 
 
 a population of 2,250,000, of which over 10 per cent., or 
 
 235,000, reside in Copenhagen, 
 proportion of The last published return of the electorate (1879-80) 
 
 electorate to v 
 
 population. gi ves a total of 304,585 voters, so that the proportion 
 between electors and inhabitants is about one to 7*3. 
 
 In Copenhagen the return for 1879-80 gives 28,898 
 voters, and the proportion is therefore about one voter to 
 eight inhabitants. 
 
 Hours of The usual hours of meeting are, for the Landsthing, 
 
 duration of 1.30 p.m., and for the Folkething, 1 p.m. The sitting's 
 
 sittings. . 
 
 last from two to three hours in the former and from four 
 to five hours in the latter. Night sittings of either 
 Chamber occur very rarely, and when they do take place 
 they commence at 7.30 p.m., and last from two to three 
 hours. 
 Members of The members of both Houses receive as long- as the 
 
 both Houses 
 
 are paid. Rigsdag sits, 6 kroners (about 7s. 6d.) each per 'diem. 
 
 In addition they are paid their travelling expenses 
 
 between Copenhagen and their respective districts, every 
 
 time when the Eigsdag opens or is dismissed. 
 
 Average The average length of the sessions of the Rigsdag 
 
 sessions of during the five years previous to 1882 was 196 davs, and 
 
 the Rigsdag. J ^ . . -, " 
 
 the average number of working days during each session 
 was 145 for the Landsthing and 150 for the Folkething. 
 Number of J n the course of each session during- the above period 
 
 public sit- 
 tings, the Landsthing held, on the average, 80, and the Folke- 
 thing 125, public sittings. 
 
PARLIAMENT. 43 
 
 It is to be observed that owing to the custom which Denmark, 
 prevails in both Chambers of referring every question Cc 
 of importance to either a standing or a special committee, 
 the time of members is so much occupied in their com- 
 mittee rooms, as to interfere very often with the public 
 sittings of either House. This becomes the more 
 apparent when it is considered that the numerical force 
 of the Chambers from which committees can be filled up 
 is less than the sixth of that possessed by our Houses of 
 Parliament,, and that in the Folkething it is requisite, in Quorum, 
 order to make a House, that more than one-half of the 
 whole number of members should be present. The 
 above explains the reason of the difference between the 
 number of days and the number of public sittings of an 
 average session.* 
 
 The High Court (Rigsret) is composed of the ordi- The High 
 nary members of the Supreme Court of the Kingdom, 
 and of an equal number of judges elected for four years 
 by the Landsthing from among its members. 
 
 When in a particular case all the ordinary mem- 
 bers of the Supreme Court cannot take part in the 
 trial and judgment, an equal number of the members 
 elected by the Landsthing retire, commencing with 
 those last elected or those who received the fewest 
 votes. 
 
 The High Court elects its own president from among 
 its members. 
 
 When the Landsthing is dissolved after a case has 
 been carried to the High Court, the members elected by 
 the dissolved Chamber retain their seats in the Court till 
 judgment has been given. 
 
 * Ksports on Legislative Assemblies in Foreign Countries (presented 
 to Parliament). Miscellaneous, Xo. 1 (1881), page 5. 
 
44 CONSTITUTION OF 
 
 Denmark. The High Court tries all charges which may be 
 brought against the ministers by the King or the 
 Folkething; but the King can also prosecute, with the 
 consent o the Folkething, any other persons for crimes 
 which he judges particularly dangerous to the State. 
 Amendment Any amendment to the present constitution can be 
 stitution. presented to the Rigs dag in either an ordinary or extra- 
 ordinary session. When an amendment has been 
 adopted by the two Chambers, if the government is 
 willing to carry it out, the Rigsdag will be dissolved and 
 a general election will be proceeded with at once. If 
 the resolution is adopted without change by the new 
 Rigsdag, and it obtains the King's sanction, it will 
 become part of the constitutional law. 
 
 FRANCE. 
 
 Legislative In accordance with the terms of the first article of 
 
 powers 
 
 ^sted m two the Constitutional Law of the 25th February, 1875, the 
 
 legislative power is vested in two assemblies -the 
 Chamber of Deputies and the Senate. 
 Executive , The executive power is in the hands of the Presi- 
 
 power. 
 
 dent of the Republic, who is elected by a majority of 
 votes by the Senate and Chamber of Deputies united 
 in National Assembly. His term of ofiice is for seven 
 years, and he can be re-elected. 
 powers of the He has the right of initiation with respect to new 
 
 President. 
 
 .laws concurrently with the two Chambers. He pro- 
 mulgates the laws, when they have been voted by the 
 Chambers, and insures their execution. He has no power 
 to veto a bill, but may refer it back to the Chambers for 
 further consideration within certain limits of time. He 
 has the right of pardon, but general amnesties cannot be 
 
PARLIAMENT. 45 
 
 granted., except by a special law. He disposes of tlie France. 
 armed force, but lie cannot declare war without the 
 previous assent of the two Chambers. He makes all 
 civil and military appointments on the recommendation 
 of his ministers. All treaties of peace and commerce, 
 and those which relate to the finances of the State, 
 must be laid by him before the Chambers for their 
 assent. He presides at all national celebrations, and the 
 ambassadors and envoys of foreign powers are accredited 
 to him. 
 
 The President of the Republic can, with the consent Dissolution 
 
 1 of the 
 
 of the Senate, dissolve the Chamber of Deputies before chambers. 
 the legal expiration of its mandate. In this case the 
 electoral colleges are convoked within three months. 
 He decrees the close of the session. He can convoke convocation 
 
 and adjourn- 
 
 the Chambers in extraordinary session, if he thinks it ment - 
 necessary, and he is bound to summon them, if the 
 demand is made by an absolute majority of each 
 Chamber. He can also adjourn them for any time not 
 exceeding a month, but he cannot exercise this power 
 more than twice in the same session. 
 
 The President is not responsible, except in the case 
 
 bility of 
 
 of high treason, when he may be impeached by the President. 
 Chamber of Deputies before the Senate constituted as 
 a High Court of Justice. 
 
 Xo act of the President is valid unless countersigned 
 by a minister. 
 
 The ministers are the heads of the various branches The 
 
 Ministry. 
 
 of the general administration of the Eepublic, viz. : 
 Foreign Affairs, Justice, Home, Finance, War, Marine, 
 Commerce and the Colonies, Public "Works, and Agri- 
 culture. They are nominated and dismissed by. the 
 Chief of the State, and are collectively responsible to 
 the Chambers for the general policy of the govern- 
 
46 CONSTITUTION OF 
 
 France. inent and individually for their personal acts, especially 
 for any enterprise contrary to law, the safety of the 
 State and the rights of the nation. 
 
 The Premier assumes the title of President of the 
 Council, and all the ministers, with the exception of 
 those at the head of the military and naval depart- 
 ments, are chosen from the majority in the two 
 Chambers. They have the entree into both Chambers 
 and can speak when they wish, but can only vote in the 
 
 impeach Chamber of which they are members. If impeached 
 by the Chamber of Deputies, they are tried by the 
 Senate, which can also be constituted a High Court of 
 Justice, by the decree of the President, to try any 
 person who may be accused of conspiring against the 
 safety of the State. 
 
 The Senate. The Senate is composed of 300 members, who will 
 all eventually be elected by the departments and 
 colonies, as soon as the existing life senators are dead 
 or have resigned, in accordance with the provisions of 
 the Law of the 9th of December, 1884, which abolish 
 life senator ships and provide that the vacancies shall 
 be filled up as they occur, by departmental elections. 
 The senators, who are elected for nine years, are 
 divided into three classes (originally of 75 each), one 
 class retiring and being renewed by rotation every 
 three years. Of the departments the Department of 
 the Seine elects 10 senators, and the Department of 
 the Nord, eight; whilst 10 elect five each, 12 four each, 
 52 three each, 10 two each, and Belfort and the colonies 
 one each. 
 
 vacancies, J n the departments where the number of senators 
 
 how filled 
 
 up - is increased by the present law, the increase is effected 
 
 in proportion to the vacancies which occur among the 
 life senators. Accordingly, on the eighth day after the 
 
PARLIAMENT. 47 
 
 vacancy, the Senate will proceed to determine by lot France, 
 as to what department shall be called upon to elect a 
 senator ; the election will then take place after an 
 interval of three months, unless the vacancy should 
 occur within six months of the triennial renewal, when 
 no special steps for filling it up will be taken. The 
 mandate thus conferred will terminate at the same time 
 as that of the other senators belonging to the depart- 
 ment. 
 
 Xobody can be elected a senator unless he is a Qualification 
 
 of a senator. 
 
 Frenchman, of at least 40 years of age, and in full 
 enjoyment of his civil and political rights. 
 
 The following persons are ineligible, viz. : Members 
 of families who have reigned over France; officers of 
 the army and navy (except marshals of France and 
 admirals, general officers without limit of age, who are 
 in the first and second section of the general staff and 
 not provided with a command, and officers of the army 
 and navy who belong to the reserve or territorial 
 army) . 
 
 Senators are elected by scrutin de liste, by an Mode oi 
 electoral college assembled at the chief town of the 
 department or colony, consisting of (1) the deputies of 
 the department; (2) members of the general council; 
 (3) councillors of the arrondissement ; (4) delegates 
 chosen from among the electors of the commune by 
 each municipal council. These delegates are elected 
 by the councils according to a fixed proportion, 
 and a certain number of substitutes are elected at 
 the same time in order to fill any vacancies which may 
 occur. 
 
 The Chamber of Deputies is elected for a period of chambcrof 
 
 Deputies. 
 
 four years by universal suffrage under the scrutin de 
 liste, which was substituted for scrutin d'arrondisse- 
 
48 CONSTITUTION OF 
 
 France. ment by the law of the 16th June, 1885.* Each depart- 
 ment elects a number of deputies at the rate of one 
 deputy to every 70,000 inhabitants. Each department 
 forms one circonscription and elects at least three 
 deputies, with the exception of the territory of Belfort, 
 which has only two. 
 
 Disqualified- The members of families who have reigned in 
 France are ineligible. No officer in the army or navy, 
 whatever his rank, can be elected so long as he is on 
 active service; but this rule does not apply to any 
 person in the reserve or territorial army. Nor can 
 any salaried official in the employ of the State be 
 elected a deputy, with the exception of ministers, 
 ambassadors and envoys, the president of the principal 
 courts of justice and certain other high officials. 
 
 * Scrutin de Liste. France having been divided into departments 
 by the Assemblee Nationals of 1789, as many times as a department 
 contains a given number of thousands of inhabitants (say, for instance, 
 70,000) so many deputies does it return. Thus, in a department con- 
 taining 420,000 inhabitants, each voter writes on his voting paper the 
 names of six candidates that is, the quotient of 420,000 by 70,000. 
 The great majority of the Eepublicans have always considered the 
 scrutin de liste the most logical mode of universal suffrage. After the 
 Eevolutions of the 24th February, 1848, and of the 4th September, 
 1870, the second and third Eepublics proclaimed the scrutin de liste as 
 the truest expression of universal suffrage. 
 
 Scrutin d'Arrondissement or Scrutin Uninominal. Each department 
 being divided into administrative districts (arrondissements), each dis- 
 trict names one deputy, and, in consequence, each elector can only write 
 down one name on his voting paper. When the population of a district 
 is above one hundred thousand it returns another deputy per hundred 
 thousand inhabitants, or per fraction of a hundred thousand. For this 
 purpose the districts are divided by law into cir 'conscriptions. The 
 Scrutin Uninominal, or Individual, was established by Louis Napoleon 
 after his coup d'etat of the 2nd of December. Abolished under the 
 National Defence Government, it was re-established by the Assembly 
 of Versailles, on the 21th November, 1875. (See Article on the Scrutin 
 de Liste, &c., by M. J. Eeinach, in the "Nineteenth Century," Septem- 
 ber, 1881). 
 
PAELIAMENT. 
 
 49 
 
 There are 576 members in the Chamber of Deputies France. 
 elected in 1889, of whom (including the 10 colonial e i f 
 deputies) 366 are Republicans (239 Moderates and 127 
 Radicals), and 210 belong to the Conservative opposition, classification 
 consisting of 104 Royalists, 59 Bonapartists, and 47 
 Boulangists.* 
 
 In the Chamber of 1885 the numbers were, Re- 
 publicans 213 (including 88 of the Liberal Union), 
 Radicals 163, Monarchists 180, and Boulangists 20. 
 Whilst in 1881, in a House of 557 members, there were 
 467 Republicans, 47 Bonapartists, and 43 Royalists. 
 There are 10,414,125 electors on the register, out of Number of 
 a population of 37 millions, and 7,390,705 went to the Number who 
 poll on the 22nd September, 1889, leaving 3.023.420 
 abstentions. 
 
 The only qualification necessary for an elector is that 
 
 September, 
 
 1889. 
 
 * According to statistics that have been published, the new 
 Chamber consists of 92 landowners or farmers, 15 doctors of law, 116 
 barristers, 57 manufacturers or traders, 40 journalists or authors, 48 
 doctors, 14 engineers, 6 shipowners, 15 ex-magistrates, 2 generals, 2 
 admirals, 21 retired officers, 1 naval officer, 11 ex-prefects, 12 ex- 
 diplomatists, 5 ex- councillors of state, 7 notaries, 4 druggists, 2 acade- 
 micians, 12 bankers, 5 professors, 11 solicitors, 5 clerks, 6 working men, 
 2 contractors, 3 ironmasters, 1 railway inspector, 2 bishops, 1 Pro- 
 testant pastor, 1 tobacconist, 1 dentist, 1 painter, 1 composer, 1 veteri- 
 narian, 1 designer, and 1 compositor. There are 2 princes, 1 duke, 8 
 marquises, 16 counts, 4 viscounts, and 66 nobles. 
 
 The following return gives the results of the five last elections. 
 R. stands for Republican, M. for Monarchist, B. for Boulangist, R.E. 
 for Registered Electors : 
 
 
 Feb. 20, 
 
 Oct. 14, 
 
 Aug. 21, 
 
 Oct. 4, 
 
 Sept. 22, 
 
 
 1876. 
 
 1877. 
 
 1881. 
 
 1885. 
 
 1889. 
 
 Votes 
 
 . 7,388,234 
 
 8,087,323 
 
 7,181,443 
 
 6,710,820 
 
 7,390,705 
 
 R. . . 
 
 . 4,028,153 
 
 4,367,202 
 
 5,128,442 
 
 3,565,412 
 
 4,012,353 
 
 M . . 
 
 . 3,202,233 
 
 3,577,882 
 
 1,789,767 
 
 3,147,129 
 
 2,340,686 
 
 B . . 
 
 . 
 
 
 
 
 
 
 
 1,037,666 
 
 R.E. . 
 
 . 
 
 9,700,000 
 
 10,179,345 
 
 10,300,000 
 
 10,414,125 
 
 (See Guardian, October 16th, 1889.) 
 
50 CONSTITUTION OP 
 
 Trance. he should be a citizen and of full age, but a deputy may 
 not be younger than 25. 
 
 Salaries of Members of both Houses receive an annual allowance 
 
 deputies. of 9,000 francs, the colonial representatives being, in 
 addition, allowed their travelling expenses.* 
 
 Rule as to A deputy on being appointed a minister or under- 
 
 secretary need not seek re-election ; but a deputy who 
 is appointed or promoted to a public office, with a 
 salary, ipso facto ceases to be a member of the Chamber, 
 but is re-eligible, unless the office is incompatible with 
 the mandate of a deputy. 
 
 Except in the case specially provided by Article 5 of 
 the Constitutional Law of the 25th February, 1875, 
 when the Chamber is dissolved within the legal period, 
 general elections take place within the 60 days which 
 precede the expiration of the powers of the Chamber of 
 Deputies. 
 
 Vacancies which occur within six months of the 
 renewal of the Chamber are not filled up. 
 
 Electoral The Chamber of Deputies is elected by manhood 
 
 qualification. 
 
 suffrage, restricted by the obligation of being inscribed 
 on the electoral list of some commune, for which six 
 months' residence is necessary. 
 
 Every French male citizen who has reached the age 
 of 21 years, and who has not lost his political or civil 
 rights, is entitled to a vote. 
 
 In order to exercise this right he must have his name 
 inscribed, either on the list of municipal electors drawn 
 up in each commune in compliance with the Electoral 
 
 * In that usually accurate and very valuable book of reference^ 
 " The Stateman's Year Book," the salary of a senator is stated to be 
 15,000 francs ; this appears to be an error, as I am informed on the 
 best authority that the amount of the salary is the same for the 
 members of both Houses. 
 
PARLIAMENT. 51 
 
 Law of the 7th July, 1874, or on the supplementary list France, 
 of voters, authorised in each commune by the Electoral 
 Law of the 30th November, 1875. 
 
 In France, the political franchise extends lower than 
 the municipal franchise. 
 
 The first list, viz., that of municipal voters (under the 
 Law of 1874), includes the names of all French male 
 citizens who have reached the age of 21 years, and are 
 in the enjoyment of their civil and political rights : 
 
 1. Who have been born in the commune, or who 
 have complied in it with the recruiting laws, or who, if 
 they have not been continuously resident there, have 
 returned for more than six months. 
 
 2. Who, not having been born in the commune, have 
 for a year been inscribed as liable to one or other of the 
 four direct taxes ; or who, although non-resident, have 
 declared their desire to exercise their electoral rights in 
 the commune. Also, all the members of the family of 
 any person inscribed on these tax lists, although person- 
 ally not mentioned therein, as well as persons who have 
 been relieved from the payment of these taxes, either on 
 account of age or health. 
 
 3. Who have been married in the commune, and 
 have resided there one year. 
 
 4. Who, not coming under any of the above heads, 
 request to be inscribed on the electoral list of the com- 
 mune, and can prove they have resided in it two years 
 consecutively. 
 
 5. Who have a forced residence in the commune by 
 reason of their employment, such, for instance, as public 
 functionaries, clergymen, &c. 
 
 Inscriptions on these lists obtained by fraudulent 
 representation exposes the offender to a fine of from 
 2 10s. to 20, or to imprisonment from six days to one 
 
 E 2 
 
52 CONSTITUTION OF 
 
 France. year. The offender may, moreover, be deprived of his 
 civil rights for a period not exceeding two years. 
 
 Those whose names are entered on this list have a 
 vote on all municipal questions concerning the commune 
 in which they are inscribed. 
 
 The other list, created by the Law of 1875, includes 
 the names of those who, being French citizens in the 
 enjoyment of their civil and political rights, have 
 reached the age of 21 years, and have been resident in 
 the commune for six months. 
 
 These persons, however, can vote only for the election 
 of deputies to the Chamber. 
 
 The only persons formally excluded by law from the 
 political franchise are members of the army or navy, 
 when on service, and at their post. Soldiers and 
 sailors, when on leave or not on service, may vote in the 
 commune where they are inscribed. 
 
 No person may vote in more than one commune. 
 
 The total population of France on the 30th May, 
 1886, the date of the last census, was 38,218,903. 
 
 The number of voters inscribed on the electoral 
 lists at the same date was 10,300,000. 
 proportion of It would therefore seem that the proportion of the 
 
 electorate to 
 
 population, electorate of France to the total population was as 10 to 
 
 38, in round numbers.* 
 Usual time The French constitution fixes the second Tuesday in 
 
 of meeting. * 
 
 January as the date at which the Senate and Chamber 
 of Deputies are to meet (unless they are previously Burn- 
 Son 011 f mone( i by the President of the Republic), and a period 
 of five months as the minimum of the duration of each 
 session. 
 
 * Eeports respecting the Qualifications for the Parliamentary Fran- 
 chise in Foreign Countries. Miscellaneous, No. 1. (1883.) 
 
PARLIAMENT. O-3 
 
 Every assembly of either Chamber,, at any other France. 
 time than during the parliamentary session, is void and 
 
 of no effect, except in the case when the Senate is ty useif. 
 summoned to sit as a Court of Justice, or the Chamber 
 is dissolved at the moment of the death of the President 
 of the Republic. 
 
 The usual hour of meeting for public debate is 2 p.m., Hour of 
 and, as a rule, the sittings do not last more than four 
 hours. A good deal of business is, however, transacted 
 in the earlier part of the day by committees, by which 
 means the discussion of measures in public is greatly 
 limited. 
 
 Neither House meets on Sundays, nor, as a rule, on 
 Wednesdays, and the Senate frequently adjourns over 
 other days as well. At the close of every sitting each 
 House fixes the day and hour for its next meeting, and 
 adjourns without any formal motion being made.* 
 
 The Chambers, acting separately, either on their own 
 initiative or on the demand of the President of the Re- 
 public, have the right of resolving that a revision of the 
 constitutional laws is necessary. This resolution must be Revision of 
 
 constitu- 
 
 adopted in each House by an absolute majority of votes, tionaiiaws. 
 When it has been passed by both Chambers, they unite 
 as a National Assembly, and proceed to the work of 
 revision, which, to become law, requires the assent of an 
 absolute majority of the Assembly. 
 
 The Chambers are also united as a National Election of 
 
 President of 
 
 Assembly for the election of a new President of the 
 Republic whenever occasion requires. The Assembly 
 must be convoked for this purpose a month (or in default 
 of a summons, must meeu 15 days) before the expiration 
 of the term for which the President holds office. 
 
 * Reports respecting the Practice and Regulations of Foreign 
 Legislative Assemblies. Miscellaneous, Xo. 1 (1881), page 0. 
 
54 CONSTITUTION OF 
 
 France. In case of the decease or resignation of the President 
 
 of the Kepublic, the Chambers immediately meet in 
 Assembly of their own accord. Should the Chamber of 
 Deputies be dissolved when the Presidency becomes 
 vacant, the electoral colleges are convoked as soon as 
 possible and the Senate assembles of its own accord, but 
 without legislative powers until the new Chamber has 
 been elected. 
 
 Bureau of The Bureau of the National Assembly is composed of 
 
 Assembly. t . . . 
 
 the President, Vice-President, and Secretaries of the 
 Senate. 
 
 contested Elections in France to the Chamber of Deputies are 
 
 generally contested by two or more candidates ; but there 
 are, in fact, no expenses similar to those in England. 
 Neither the " scrutateurs " who examine the ballot boxes 
 nor the police receive any remuneration, and the voters 
 are not brought to the poll in vehicles hired by the can- 
 didates. The polling places, which are in some public 
 building, are indeed so numerous, that there is sure to be 
 one within easy reach of each elector, so that in general 
 he has nothing to do, but to walk to it with his voting- 
 paper, give that paper in, and walk out again. The 
 
 Senses Public expenses are borne by the State, which pays for 
 
 sute ebythe everything that is published relating to the electoral 
 lists, as well as for the notices to electors with reference 
 to voting. The municipalities are put to no expense on 
 account of elections. The expenses of the candidates, 
 beyond payment for any advertisement which they may 
 publish, are very small. 
 
 Elections, The election of deputies to the Chamber is by ballot, 
 
 and is regulated by the 18th article of the Organic Law 
 
 of 30fch November, 1875. This article declares that no 
 one is elected at the first ballot if he has not obtained 
 (a) the absolute majority of the votes given ; (b) a number 
 
PARLIAMENT. .V> 
 
 equal to one-fourth, of the electors on the roll. If no France. 
 candidate polls the requisite number of votes, there is Ballota g e - 
 " ballotage," that is, a second election, which takes 
 place on the second Sunday following the day of the 
 first return. On this occasion, that candidate is elected relative 
 
 majority 
 
 in whose favour the relative majority of votes is recorded, sufficient - 
 whatever the number of votes may be. If an equal equTuty^ 
 number of votes is given to two candidates, the elder elected 8 
 of the two is declared elected. The State pays the same 
 expenses at the second elections as it does at the first. 
 Hence no portion of the expenditure at elections is taken 
 out of local funds. 
 
 In case the validity of an election is disputed, there 
 are two modes of procedure: (1) The petitioners may 
 demand the insertion of their protest in the proces- 
 verbal which the Bureau presiding over the vote is 
 obliged to draw up with reference to each election. (2) 
 They may send their protest, drawn up in whatever 
 form they please, straight to the Chamber. In each 
 case the petitioners must add the proof of their allega- 
 tions, by written or printed documents, or they must 
 offer verbal testimony. By the 10th article of the 
 Constitutional Law of the 16th July, 1875, each 
 Chamber is judge of the eligibility of its own members, 
 and of the regularity of their election, and it alone can 
 receive their resignations. 
 
 Every attempt to influence the vote of an elector, or corrupt 
 
 practices. 
 
 to persuade him to abstain from voting, is an attempt at 
 
 corruption. Every attempt at bribery by an elector in 
 the manner mentioned in the Penal Code is punished by at bl 
 imprisonment for a period ranging from three months to 
 two years, and by a fine varying from 50 to 500 francs. 
 If the judges consider that there are extenuating cir- 
 cumstances in the case, they may sentence the offender 
 
56 CONSTITUTION OF 
 
 France. to one of the two punishments only, i.e., either imprison- 
 P S=ecutor men t or fi ne Corrupt election practices are offences at 
 Proceedings. ^ aw > an d- nence come under the action of the public 
 prosecutors, whose duty it is to bring the delinquents 
 before the competent judges. If the Bureau charged 
 with the verification of an election discovers acts of 
 corruption or fraud, it must bring them under the cog- 
 nisance of the Minister of Justice, who orders the local 
 public prosecutor to make inquiries and institute a 
 prosecution. 
 
 The constituencies in France are too large for any 
 system of wholesale bribery to succeed, and no regular 
 practice of giving money by the candidate or his agents 
 to the electors exists. If the present mode of voting, 
 called " scrutin d'arrondissement " is replaced by that 
 called " scrutin de liste," where each elector votes for a 
 list of candidates for the whole department, it would seem 
 to follow that there will be even less room for bribery, 
 owing to the enlarged size of the constituencies. 1 * 
 
 GEKMANY. 
 
 German The German Parliament, appointed by the Constitu- 
 
 consistsof tion of the Empire, dated the 16th April, 1871, consists 
 of two Houses, viz., the Bundesrath or federal council, 
 and the Reichstag or diet of the realm. In the former 
 are represented the individual states of Germany, and 
 Em P ?re fthe in the latter tte German nation. The states of the 
 Empire are 26 in number, and consist of 4 kingdoms, 
 6 grand duchies, 5 duchies, 7 principalities, the 3 free 
 towns of Hamburg, Liibeck and Bremen, and the pro- 
 vince of Alsace-Lorraine. 
 
 * Reports from certain European countries. Miscellaneous, No. 7 
 (1881), (Electoral Contests), page 16. 
 
PARLIAMENT. ">7 
 
 Eacli of tliese separate states has a parliament of Germany, 
 its own,, quite independent of the Imperial Parliament, 
 consisting in some cases of: an Upper and Lower House, 
 and in others of a single Chamber. Alsace-Lorraine 
 has no distinct local parliament like the other states, 
 though it sends members to the Imperial Representative 
 Chamber (Reichstag), and can be represented by Com- 
 missioners in the federal council (Bundesrath). 
 
 The 58 members of the Bundesrath, which is pre- Number of 
 
 * members of 
 
 sided over by the Federal Chancellor, are appointed by ^h B and es " 
 the governments of the different states for each session, R< 
 while the members of the Reichstag, of whom there are 
 397, are elected for a period of three years by universal 
 suffrage and ballot. 
 
 By the law of March 29th, 1888, the legislative Duration of 
 
 J Parliament. 
 
 period has been extended from three to five years, the 
 alteration taking effect from 1890. 
 
 By the electoral law of 31st May, 1869, each state 
 was divided into electoral districts of 100,000 persons, 
 each district electing; a deputy. Every German who is Qualification 
 
 & r " J of elector. 
 
 25 years of age, and who is resident in the electoral 
 district in which he has a vote, is entitled to be an 
 elector, unless he is on active military service, or under 
 restraint, or a bankrupt, criminal or pauper : and any Qualification 
 
 ' J of member. 
 
 person who has been a subject for at least a year of any 
 of the states, of the same age, and subject to the same 
 qualifications as an elector, is capable of being elected 
 a deputy. 
 
 Deputies have no salary, but during the session they NO salary. 
 have the right of travelling free by rail. Any member 
 appointed to a salaried appointment under the Govern- 
 ment must seek re-election. 
 
 Of the members of the two Houses, by far the 
 greater proportion is returned by the kingdom of 
 
58 
 
 CONSTITUTION OF 
 
 Germany. Prussia, which sends 17 members to the Bundesrath, 
 and no less than 236 to the Keichstag.* All laws must 
 be voted by both assemblies, and receive the Imperial 
 assent. 
 
 * The following table will show the representation of the several 
 States of the empire in the " Reichstag" and " Bundesrath." : 
 
 STATES. 
 
 Members 
 of 
 Reichstag. 
 
 Number of 
 Votes in 
 Bundesrath. 
 
 Prussia 
 
 236 
 
 17 
 
 Bavaria 
 
 48 
 
 6 
 
 Saxony 
 
 23 
 
 4 
 
 Wiirtemberg 
 
 17 
 
 4 
 
 Baden 
 
 14 
 
 3 
 
 Hesse 
 
 9 
 
 3 
 
 Mecklenburg- Schwerin .. 
 
 G 
 
 2 
 
 Brunswick 
 
 3 
 
 2 
 
 Oldenburg 
 
 3 
 
 1 
 
 Saxe-Weimar 
 
 3 
 
 1 
 
 Anhalt 
 
 2 
 
 1 
 
 Saxe-Meiningen 
 
 2 
 
 1 
 
 Saxe-Coburg-Grotha 
 
 2 
 
 1 
 
 Saxe-Altenburg 
 
 1 
 
 1 
 
 Lippe 
 
 1 
 
 1 
 
 Mecklenburg- Strelitz 
 
 1 
 
 1 
 
 Reuss-Schleiz 
 
 1 
 
 1 
 
 Schwartzburg-Rudolstadfc 
 
 1 
 
 1 
 
 Schwartzburg-Sonderhausen 
 
 1 
 
 1 
 
 Waldeck 
 
 1 
 
 1 
 
 Reus-Greiz . . 
 
 1 
 
 1 
 
 Schaumburg-Lippe 
 
 1 
 
 1 
 
 Hamburg \ 
 
 3 
 
 1 
 
 Bremen L Free States. 
 
 1 
 
 1 
 
 Lubeck J 
 
 1 
 
 1 
 
 
 v Can se 
 
 nd commissioners 
 
 Alsace-Lorraine 
 
 15 ! toth 
 
 e Bundesrath. Xo 
 
 
 j fixed 
 
 number. 
 
 397 
 
 58 
 
PARLIAMENT. 59 
 
 As there does not exist an Imperial government in the Germany, 
 ordinary sense of the term, the privileges and precedence 
 which in the Parliaments of the several states are 
 accorded to government measures, and the right of parliament 
 
 . . ' extended in 
 
 ministers or their representatives to be heard at any the Reichstag 
 
 J to the 
 
 time of a debate, are extended in the Reichstag to the JJ^gJJJJ^ 
 measures of the Bundesrath and to its members or their rath- 
 representatives. 
 
 Both these Houses, as well as the two Houses of the sittings held 
 
 in Berlin. 
 
 Prussian Parliament, hold their sittings every year at 
 Berlin, and in order that the business of the local 
 Parliament may not interfere with or be interfered with 
 by that of the Representative Imperial Chamber, the 
 former assembles three or four months before the latter, Prussian 
 
 ' Parliament 
 
 generally about October, and this enables the Diet to oS? 
 meet in January or February. 
 
 There is no special time fixed for the duration of the The Reich- 
 
 stag in 
 
 sessions of either the Imperial or the local Parliament, 
 and, except where there is a great press of business, 
 morning sittings only are held. They generally begin g tin 
 about 11 o'clock and are over by 4 o'clock.* adjournment 
 
 As a rule, the Reichstag closes at some time in July, 
 and, when possible, the Prussian Parliament adjourns 
 before the Imperial Diet meets. 
 
 The presidency of the confederation belongs to the Powers of 
 
 Emperor in 
 
 King of Prussia, who bears the title of German Em- Germany. 
 peror, and represents the empire in its international 
 relations. He declares war and makes peace in the 
 name of the empire, concludes alliances .and other con- 
 ventions with foreign states, and accredits and receives 
 diplomatic envoys. In order to declare war, the consent 
 
 * Reports respecting the IVacrice ami Regulations of Legislative 
 Assemblies in Foreign Countries. Miscellaneous, Xo. 1 (1881). 
 
60 CONSTITUTION OF 
 
 Germany, of the Federal Council is necessary, unless an attack is 
 directed against the territory of the confederation. The 
 conclusion of treaties in certain cases requires the con- 
 sent of the Federal Council, and the approbation of the 
 Keichstag. 
 
 convocation The Federal Council and the Keichstag are convoked 
 
 of Parlia- 
 ment, every year. The Federal Council can be convoked with- 
 out the Keichstag, with a view to the preparation for 
 its labours, but the Keichstag cannot be summoned 
 without the Federal Council. The Federal Council must 
 be summoned to meet whenever it is so requested by a 
 third of its members. 
 
 Persons in the service of the empire can present 
 
 themselves as candidates for the " Reichstag " without 
 
 the necessity of previously obtaining permission to do 
 
 Rule as to so ; but if after election they are promoted to a higher 
 
 re-election of ~> . . . , . . , . , 
 
 officials. omce, or to a post carrying with it a higher salary, they 
 cease to be members, and must seek re-election. Mem- 
 bers of the local State Parliaments may be, and very 
 frequently are, members also of the " Keichstag," or of 
 the ' ' Bundesrath " ; but nobody can be a member of 
 both the imperial assemblies. 
 
 Privileges The debates in the Keichstag are public, and true 
 
 of Reichstag, reports of its proceedings are privileged. The Reichstag 
 has the right to propose laws 011 matters within the 
 limits of the constitution, and to refer petitions which 
 are addressed to it, to the Federal Council or the chan- 
 cellor of the empire. It cannot be dissolved before the 
 expiration of the triennial period, except on the motion 
 of the federal council, which must be assented to by the 
 Emperor. In case of the dissolution of the Reichstag, 
 the new elections must be held within 60 days, and the 
 new Reichstag must assemble within 90 days of the date 
 of the dissolution. 
 
PAELIAMENT. 61 
 
 The Reichstag cannot, without its consent, be pro- Germany, 
 rogued for more than 30 days, nor can it be prorogued Pr 
 twice in the same session ; subject to these restrictions, 
 the right of proroguing and dissolving the Reichstag is 
 vested in the German Emperor. 
 
 The members of the Reichstag represent the entire Privileges of 
 
 members 
 
 nation, and cannot be bound by any mandate or instruc- 
 tion. Freedom of speech is guaranteed. No member 
 can be arrested or imprisoned without the authority of 
 the Reichstag, unless he is taken in the actual commis- 
 sion of a crime, or on the following day. Similar 
 authority is necessary with respect to imprisonment for 
 debt. Upon the demand of the Reichstag, every pro- 
 cedure of a penal nature against one of its members, 
 as well as all imprisonment, is suspended during the 
 continuance of the session. 
 
 The late Reichstag was divided into the following political 
 
 parties. 
 
 political parties, viz., 76 extreme (or German) Conserva- 
 tives, 38 Imperialists, 93 National Liberals, 103 Ultra- 
 montanes, 35 German Liberals (i.e., Radicals), 13 Poles, 
 1 1 Social Democrats, and 25 so-called Savages, or inde- 
 pendent members, belonging to no recognised party. 
 Three seats were vacant."* 
 
 The three groups first named formed the so-called 
 Cartel party, and mustered 207 all told, being only a 
 majority of nine over the rest of the House. If, there- 
 fore, the more extreme Conservatives that is, the 
 adherents of the Kreuz Zeitung party, deserted the 
 Cartel coalition, and their place was not taken by the 
 Ultramontanes or other members, the present Govern- 
 ment, or Cartel, majority would disappear altogether, or 
 
 * The Keichstag, elected 1887, was prorogued, in order to be dis- 
 solved, 25th January, 1890. 
 
62 
 
 CONSTITUTION OF 
 
 Germany. 
 
 Amendment 
 of the consti 
 tution. 
 
 Election 
 system. 
 
 at all events would become even more precarious than 
 hitherto."* 
 
 Amendments to the constitution are made in the 
 form of a law. They are considered to be rejected, 
 when 14 members of the Federal Council vote against 
 them. Where special rights have been granted by the 
 constitution to certain states, no amendment relating to 
 them can be made without their consent. 
 
 The system of election in Germany varies. For the 
 empire, there is ballot and manhood suffrage. For 
 Prussia, election by classes, so that primary electors 
 
 * According to some interesting comparisons published in The 
 Times, November 18, 1881, November 21, 1884, and March 12, 1887, 
 the state of parties at the three last general elections was as follows : 
 
 
 1881. 
 
 1884. 
 
 1887. 
 
 German Conservatives . . 
 
 53 
 
 77 
 
 8(M 
 
 Free Conservatives (Im- 
 
 
 
 I Cartel 
 
 perialists) 
 
 28 
 
 28 
 
 39 1 party. 
 
 National Liberals 
 
 46 
 
 51 
 
 104 ' 
 
 Liberalists (Deutsche 
 
 
 
 
 Freisiningen) composed 
 
 
 
 
 of old Progressists and 
 
 
 
 
 Secessionists 
 
 105 
 
 67 
 
 31 
 
 Social Democrats 
 
 13 
 
 24 
 
 11 
 
 Democrats 
 
 8 
 
 8 
 
 
 
 Ultramontanes (centre > 
 clericals or blacks) . . J 
 
 08 
 
 99 
 
 99 
 
 Poles 
 
 1G 
 
 16 
 
 13 
 
 Alsace-Lorrainers. . 
 
 15 
 
 15 
 
 15 
 
 Independents (Savages, in- \ 
 
 
 
 
 eluding Guelphs and > 
 
 15 
 
 12 
 
 5 
 
 Danes) ' 
 
 
 
 
 
 397 
 
 397 
 
 397 
 
 See also The Standard, October 7, 1889. 
 
PARLIAMENT. 63 
 
 choose secondary electors, whose duty it is to elect a Germany, 
 member of Parliament. 
 
 The franchise differs in most of the states, but in no 
 case is the practice of electioneering so developed that a 
 regular system can be said to be established in refer- 
 ence to the conduct of electoral contests. 
 
 At the general election of 1887, the total number of 
 electors to the Reichstag on the electoral lists was 
 9,769,802, or 2O9 per cent, of the population, while the 
 number of voters was 7,540,938, or 77*5 per cent, of the 
 total electors. 
 
 It is well understood that elections involve expendi- cost of a 
 ture of money, and it has been stated that a general election, 
 election for the Reichstag does not cost much less than a 
 million of marks a side; but if inquiry be made as to 
 the manner in which the money is expended, the answer 
 is vague and unsatisfactory. It is, however, certain that 
 the candidates, or the party to which the candidates 
 severally belong, pay for the hire of the places in 
 which meetings are held for the delivery of addresses, 
 as well as in some cases for the expenses of conveyance 
 of voters to the poll. 
 
 So far as the German Empire is concerned, the Polling 
 
 expenses, &c. 
 
 imperial funds bear no part of the expenditure, since the 
 varied expenses of a general election fall on the provinces, 
 districts, and municipalities in which it takes place. 
 
 When no one candidate has obtained a clear majority Baiiotage. 
 of votes, and a new " ballotage " takes place in con- 
 sequence, the expense, which for a town of say 100,000 
 inhabitants, rarely exceeds from 15 to 20 in each case, 
 is borne exactly as before. 
 
 Although corruption is punishable under the Criminal Corruption. 
 Code, it does not appear that the law has had any prac- 
 tical application. Meanwhile great dissatisfaction exists 
 
64 
 
 CONSTITUTION OF 
 
 Germany. 
 
 Committee 
 to try 
 elections. 
 
 Election 
 
 committees 
 
 cannot 
 
 summon 
 
 witnesses. 
 
 Penalties for 
 
 electoral] 
 
 offences." 
 
 at the slowness with which questions arising out of 
 elections are settled by the standing committees of the 
 Houses. Every election has to be tested and confirmed 
 by a committee ad hoc, and at intervals during the 
 sessions motions are made (for instance, in the plenum, 
 or full house of the German Eeichstag) to confirm or 
 annul elections that may have taken place one, two or 
 three years before. 
 
 But the fact that complaints of irregularity are in 
 course of investigation in the case of a sitting member 
 does not prevent that member from exercising his rights ; 
 and it has often occurred that a member has sat and voted 
 for two sessions and the better part of a third, and his 
 election has only been annulled on the very eve of the 
 dissolution. The chief cause of all this delay is that 
 the election committees have not usually the power to 
 send for witnesses, so they have to depend for their 
 information on reports supplied by the local authorities. 
 
 By the Criminal Code of the German Empire any 
 person guilty of an attempt to prevent a .German from 
 voting is punishable with imprisonment for not less 
 than six months, or confinement in a fortress for not 
 more than five years. Any falsification of the result of an 
 election renders the culprit liable to imprisonment for not 
 less than a week and not more than three years, and the 
 deprivation of his civil rights. The purchase or sale of 
 an electoral vote makes the briber and bribee liable to 
 imprisonment for from one month to two years with loss 
 of civil rights.* 
 
 GEEECE. 
 According to the constitution, as promulgated on 
 
 * Miscellaneous, No. 7 (1881), (Electoral Contests), page 
 
PARLIAMENT. 65 
 
 the 16th (28th) November, 1864, all power emanates Greece, 
 from the nation, and is exercised in the manner estab- 
 lished by the constitution. 
 
 The legislative power is exercised collectively by the Legislative 
 King and the Chamber (BouAr)) . : > tt<0 * 
 
 The initiative of legislation belongs to the Chamber 
 and to the King, who exercises it through his ministers. 
 
 Xo proposal relative to the increase of the public 
 expenditure, for the establishment of salaries or pen- 
 sions, or in general for a personal interest, can emanate 
 from the Chamber. 
 
 The executive power belongs to the King, being Executive 
 exercised by responsible ministers named by himself, 
 who are the heads of seven administrative departments. 
 
 The King is the supreme chief of the state ; he com- me King, 
 mands the land and sea forces, declares war, and makes 
 treaties of peace, alliance and commerce, of which he 
 informs the Chamber with the necessary explanations, 
 so far as the interest and safety of the state permit it. 
 But treaties of commerce and all other treaties con- 
 firming concessions, which necessitate, according to other 
 dispositions of the present constitution, the sanction of 
 a law, or which affect the Greeks individually, have no 
 effect, unless they have received the assent of the 
 Chamber. 
 
 Xo cession or exchange of territory can take place, NO cession of 
 except by virtue of a law, and in no case can the secret ja*pt by a 
 articles of a treaty be destructive of those which have 
 been published. 
 
 The Kins' publishes the ordinances necessary for the Powers and 
 
 J duties of the 
 
 execution of the law, but he can neither suspend their Kin &* 
 action, nor dispense with their execution. 
 
 He sanctions and promulgates the laws. A law 
 voted by the Chamber, and not sanctioned by the King 
 
66 CONSTITUTION OF 
 
 Greece. within two months after the close of the session, is con- 
 sidered to have been rejected. 
 
 convocation He convokes the Chamber once a year in ordinary 
 chamber by session, and whenever he thinks it advisable in extra- 
 
 the King, and 
 
 dissolution. or ^i na ry session. He opens and closes each session, 
 either in person or by deputy, and has the right of dis- 
 solving the Chamber ; but the proclamation of the 
 dissolution, countersigned by the ministry, must also 
 contain a notice of the convocation of the electors in 
 two months, and of the Chamber in three. The King 
 has the right of adjourning or proroguing the session of 
 the Chamber, but neither the adjournment nor the pro- 
 rogation can be prolonged beyond 40 days or be renewed 
 in the same session without the consent of the Chamber. 
 
 Limit as to He can grant a pardon, and commute and reduce 
 
 right of 
 
 pardon. an y penalties pronounced by the tribunals, except when 
 the ministers are concerned. He has also the right of 
 declaring amnesties, but only for political crimes, and 
 on the advice of the ministry. 
 
 Right of The Chamber has the right of accusing the ministers 
 
 " and of prosecuting them before a special Court, which, 
 presided over by the President of the Areopagus, is com- 
 posed of twelve other members chosen by lot from a 
 list of all the members of the Court, Judges of Appeal, 
 and Presidents of those Courts appointed before the 
 commencement of the impeachment. 
 
 succession to The Crown of Greece and the constitutional rights 
 
 the Crown. 
 
 attached thereto are hereditary, and are transmitted to 
 the direct and legitimate descendants of King George I., 
 in order of primogeniture, with preference to the heirs 
 male. 
 
 Should there be no successors according to the above- 
 mentioned provision, the King may name one with the 
 assent of the Chamber, this assent being given by a 
 
PARLIAMENT. 67 
 
 majority of two-thirds of the total number of deputies, Greece, 
 the vote being taken viva voce. 
 
 Every successor to the throne of Greece is required 
 to profess the religion of the Eastern Orthodox Church 
 of Christ.* 
 
 In no case can the Crown of Greece and that of any 
 other state be united on the same head. 
 
 The King is of age at 18. Before ascending the Age of 
 
 majority, 
 
 throne, he takes, in the presence of the ministers, the 
 
 Holy Synod, the deputies present in the capitol and 
 
 other high authorities, the oath contained in Article 43 
 
 of the Constitution, as follows : " I swear, in the Royal oath, 
 
 " name of the Holy, consubstantial and indivisible 
 
 " Trinity, to protect the dominant religion of the Greeks, 
 
 " to observe the constitution and the laws of the 
 
 " Greek nation, and to maintain and defend the national 
 
 " independence and the integrity of the Greek terri- 
 
 " tory." 
 
 He convokes the Chamber within two months at the 
 latest, and again takes the oath in the presence of the 
 deputies. 
 
 If at the death of the King his successor is a minor Or death of 
 
 King when 
 
 or absent, and no Regent has been appointed, the JJJJJJ 80 * is a 
 Chamber, even if its powers should have expired, or it 
 should have been dissolved, assembles, without being 
 summoned, within 10 days at the latest, after the 
 decease of the King. The constitutional powers of the 
 King are exercised by the Council of Ministers under 
 its responsibility, until the taking of the oath by the 
 Regent, or the arrival of the successor. 
 
 In the event of the successor being a minor, the Guardianship 
 
 . of successor 
 
 Chamber assembles to nominate a guardian, but this is if a minor. 
 
 * The present King was excepted from this provision. 
 
 F2 
 
68 CONSTITUTION OF 
 
 Greece. only necessary where no guardian has been named in 
 the King's will, or the mother of the successor has 
 married again, as, if she is still a widow, she assumes 
 by right the guardianship of her child. 
 
 The guardian of the infant King, whether named 
 by will or elected by the Chamber, must be a Greek 
 citizen and belong to the Greek Church. 
 
 throne 1 ? Should the throne become vacant, the Chamber, 
 
 although dissolved, proceeds to the provisional election 
 of a Regent ; the Council of Ministers exercising in 
 the meantime under its responsibility the constitutional 
 powers of the King until the Regent has been sworn in. 
 
 Election of a Within two months at the latest, representatives in 
 number, equal to that of the deputies, are elected by 
 the citizens, and, having assembled with the deputies, 
 elect the King by a viva voce vote, and with a majority 
 of two-thirds of the votes of all the members. 
 
 of P Re in ect ent ^ ^ e ^ n &> through absence or illness, thinks it 
 necessary to institute a regency, he assembles the 
 Chamber with this view, and through his ministers 
 causes it to pass a special law; on the other hand, 
 if the King becomes incapable of reigning, the Chamber 
 is convoked by the Council of Ministers, and, if by a 
 majority of three-fourths of the voters, the necessity is 
 recognised, it elects a Regent, or, if necessary, a guardian 
 by a viva voce vote. 
 
 chamber Deputies who are nominated by the Government to 
 
 a salaried office, civil or military, or promoted, lose 
 
 their seats on acceptance of office. 
 salary of The deputies who have discharged all the duties of 
 
 deputies. m / 
 
 their position, receive an allowance of 2,000 drachmas 
 for each ordinary session ; but in the case of an extra- 
 ordinary session there is no fixed amount, but a special 
 sum is proposed by the Government, varying from 
 
PARLIAMENT. 69 
 
 1,000 drachmas fco 1,500 drachmas, but never exceeding Greece, 
 the latter. But deputies in the civil or military services 
 only receive, in addition to their ordinary pay, the 
 balance necessary to make up the original sum. 
 
 The constitution cannot be wholly revised ; but 
 certain of its limitations, not fundamental in their tion> 
 nature, can, 10 years after their promulgation, be revised 
 if the necessity should arise. The necessity of revision 
 is sufficiently established, if the Chamber demands the 
 revision in two consecutive legislatures, by a special 
 resolution passed by a majority of three-fourths of the 
 total number of its members, and specifying the provisions 
 fco be revised. This revision once resolved upon, the 
 existing Chamber is dissolved, and a new one is 
 specially summoned for the purpose ; this new Chamber, 
 composed of a number double that of the deputies, 
 decides upon the points which have been submitted for 
 revision. 
 
 The Chamber at Athens sits on an average from 4 p.m. sittings of 
 
 the Chamber. 
 
 till 8 or 9 p.m. daily except Sundays. Six months from 
 about the end of October to the end of April form a 
 session, interrupted by a recess of about four or five 
 weeks at Christmas, and another short one of a few 
 days at Easter. 
 
 The Chamber is divided politically into the Minis- Political 
 
 parties. 
 
 terial party and the Opposition; these parties have no 
 recognised names except those of the leaders of each. 
 The aims of the present majority, the partisans of 
 M. Tricoupis, are political and financial reforms, and the 
 development of the resources of the country; by heavy 
 taxation the present ministry has been enabled to meet 
 its obligations and restore the credit of the country. 
 The policy of the minority, the followers of M. Delyannis, 
 is rather that of foreign aggression, and when last in 
 
70 CONSTITUTION OF 
 
 Greece. power his ministry seriously hampered the country by 
 unseasonable preparations for attacking Turkey. 
 
 Of the 150 members who compose the Chamber, 
 about 85 are Ministerialists whilst 65 belong to the 
 Opposition. The Chamber has a quorum if a bare 
 majority of the whole number is present ; so that the 
 Government can proceed to business even if the Opposi- 
 tion abstain from attending the debates, as has some- 
 times happened. 
 
 composition The Chamber is composed of deputies elected by 
 
 chamber, those citizens who have the right of voting by ballot, 
 according to the electoral laws of 1864 and 1886. 
 
 Qualification To be an elector no other qualification is required than 
 
 of elector. 
 
 that he should be 21 years of age, and, being under no 
 disability, should have his name inscribed on the electoral 
 list of the constituency of which he is a voter. 
 
 The deputies represent the nation as a whole, and 
 not only the province of which they are representatives. 
 deput. f Under Article 68 of the Constitution the number of 
 deputies of each province is fixed proportionally to its 
 population, but the total number of deputies cannot be 
 less than 150. 
 
 This number has been much exceeded in consequence 
 of the electoral law which gave to each Eparchy one 
 deputy for 10,000 persons, fractions being counted as 
 units, and in 1886 the number amounted to 243. In 
 that year a new electoral law was passed, which limited 
 the number of deputies to 150, and regulated the dis- 
 tribution of seats according to the number of electors 
 Alteration of inscribed on the lists of the communes. The electoral 
 
 . the electoral 
 
 district. district was increased in size by substituting the depart- 
 ment (nomos) for the Eparchy. 
 Qualification The deputies are elected for four years. In order to 
 
 of deputies. 
 
 be elected a deputy, it is necessary to be a Greek citizen 
 
PARLIAMENT. 71 
 
 by birth of the province where the election is held, or to Greece, 
 have been established in that province at least two years 
 before the election; to have been in the enjoyment of 
 civil and political rights for at least two years ; to be 
 thirty years of age, and to possess the other conditions 
 of eligibility required by the electoral law. 
 
 At an election, it is customary for at least 12 
 friends of a candidate to sign a paper proposing him as 
 a candidate, and to forward it to the returning officer. 
 
 The functions of a deputy are incompatible with those 
 of public salaried employes and of mayors, but not with 
 the quality of an officer on active service. Officers can 
 be elected, but after their election they are placed on 
 the reserve list during the whole duration of the Parlia- 
 ment, and preserve this position until their recall to 
 active service. It is obligatory to accord to officers on 
 their demand, a month before the elections, regular 
 leave of absence for five months and a half. This 
 latter provision became open to great abuse, as many 
 officers, without the slightest chance of success, were in 
 the habit of offering themselves as candidates, merely so 
 as to obtain this prolonged leave. To cure this, two laws 
 were passed in 1886; by the first, the time passed on 
 the reserve list on account of election and leave is not 
 to count for seniority, or, by the second, for promotion. 
 
 The cost of the articles used in electoral procedure, Contested 
 
 elections. 
 
 such as ballot boxes, &c., and the cost of the storage, 
 repair and carriage of these articles, is defrayed, the 
 first by the State, and the second by the respective com- 
 munes. The electoral commissioners are bound to restore 
 to the mayors, who provided them, the articles which 
 have been made use of. If any of the articles are 
 missing or damaged, a proportional^ indemnity has to be 
 paid. 
 
72 CONSTITUTION OF 
 
 Greece. The expenses incurred in sending soldiers to main- 
 
 tain order, and delegates of the judicial and adminis- 
 trative authority, are paid by the State. 
 
 Every citizen, who is a candidate for a seat as deputy, 
 must deposit the sum of 200 drachmas for the articles 
 which are used in electoral operations. 
 
 When an election is declared void, those who seek 
 afresh the suffrages of the electors must also make a 
 fresh deposit, unless the facts which brought about the 
 invalidation of the election occurred subsequent to the 
 publication of the names of the candidates. 
 
 The representatives of the candidates and the 
 handers of the ballot balls are chosen by the candidates, 
 and are also remunerated by them. 
 
 The majority is relative, the number of voters and 
 not the number of registered electors being taken into 
 consideration ; thus Attica, for example, sends eight 
 deputies; so that if 30 candidates present themselves, 
 the eight amongst them who shall have obtained more 
 votes than the other 22 will be accepted and pro- 
 claimed deputies. With this system a scrutiny can 
 never take place. 
 
 penalties for Acts of bribery committed in connection with elec- 
 tions are punished, both in the case of the person who 
 gives the bribe and of the person who receives it, by a 
 fine equal to double the amount of the bribe, which fine, 
 however, must not be less than 500 drachmas (about 18) . 
 The person who is condemned for such an act as above 
 stated is, moreover, deprived of his political rights for 
 a period of not less than five, and of not more than 10 
 years. The above criminal acts are punished by the 
 Courts of Justice, whenever brought before them by the 
 Public Prosecutor. The Chamber, however, has the 
 right to annul the election of a deputy when it is proved 
 
PARLIAMENT. 73 
 
 before it that he has bribed the voters. As a matter of Greece, 
 fact, however, it would appear that those questions are 
 usually decided on party grounds, and that the deputy, 
 if a member of the majority, obtains a confirmation of 
 his election, and remains a member of the Chamber.* 
 
 ITALY. 
 The Italian Parliament, as it now exists, owes its Origin of the 
 
 * Italian Par- 
 
 Origin to the constitution which was granted on March 4th, lament. 
 
 1848, by Charles Albert, King of Sardinia, and which 
 has since been added to and amended by the various 
 decrees and laws rendered necessary by the acquisition, 
 in 1859, 1866 and 1870, of the territories which together 
 make up the present kingdom of Italy. 
 
 The government of the State is monarchical and Form of 
 
 government. 
 
 representative, the succession to the throne being heredi- 
 tary, and subject to the conditions of the Salic law. 
 
 The legislative authority is exercised collectively by 
 the King and two Chambers, viz., the Senate and the 
 Chamber of Deputies. The two Houses are convoked 
 every year by the King, who can prorogue them and 
 dissolve the Lower Chamber ; but, in the case of a dis- 
 solution, he is obliged to summon another Parliament 
 within four months. Unless the power of dissolution is Duration of 
 exercised by the King, the Parliament lasts five years, 
 
 The initiation of the laws belongs to the King and to 
 each of the Chambers ; but any law which establishes a 
 tax must be first presented to the Chamber of Deputies. 
 
 The executive authority belongs only to the King. Executive 
 He is the supreme chief of the State, commands the au 
 
 * Miscellaneous. No. 4 (1882), (Electoral Contests). 
 
74 CONSTITUTION OF 
 
 Italy. military and naval forces, declares war, and makes 
 
 STSiigf treaties of peace, alliance and commerce, informing the 
 
 Chambers thereon, when the interests of the country 
 
 reaties render it advisable. Treaties which involve a charge on 
 
 involving a 
 
 charge on the finances, or a modification of the territory of the 
 
 the finances. 
 
 State, have no effect until they have received the assent 
 of the Chambers. 
 
 The King has the nomination of all officials. He 
 alone sanctions the laws and promulgates them, and 
 makes the decrees and regulations necessary for their 
 due execution. He has the right of pardon, and of corn- 
 Age of muting penalties. The King attains his majority at the 
 age of 18. During the minority of the King, the prince 
 Regency. who is his nearest relation in the order of the succession to 
 the throne will be Kegent of the kingdom if he has accom- 
 plished his one and twentieth year. If, in consequence of 
 the minority of the prince who would otherwise be called 
 to the regency, the regency devolves on a more distant 
 relation, the latter will exercise the authority until the 
 King attains his majority. In default of male relations, 
 the regency will belong to the Queen mother. Should 
 there be no Queen mother, the Chambers, convoked 
 within 10 days by the Ministers, will name the Kegent. 
 The preceding provisions relating to the regency are 
 applicable to the case where the King finds himself 
 physically unable to carry on the government. But if 
 the heir presumptive to the throne has attained his 
 Guardian- majority, he will become Regent by right. The Queen 
 Queen: mother is the guardian of the King until he has attained 
 
 mother. 
 
 the age of seven years, when the guardianship passes to 
 the Regent. 
 
 Royal oath. The King, on ascending the throne, takes, in the 
 presence of the assembled Chambers, the oath to observe 
 loyally the present constitution ; and the Regent, before 
 
PARLIAMENT. 75 
 
 entering on his functions, swears that he will be faithful Italy, 
 to the King, and observe loyally the constitution and the Regent* 
 laws of the State. 
 
 The Senate consists of an unlimited number of life senate. 
 members nominated by the King. They must be above 
 40 years of age, and are selected from 21 categories, 
 composed of certain persons who have attained eminence, 
 either in the service of the state, the church or the law, 
 or who have in general reflected honour on their country. 
 Besides these, the Princes* of the Eoyal Family, who are 
 20 years of age, are senators by right of their birth ; and 
 deputies who have sat in three Parliaments, as well as 
 all persons who have for three years paid taxes annually 
 to the amount of 3,000 lire, are eligible for nomination. 
 The number of senators in 1880 was 270, and in 1889 it 
 was 331. 
 
 The Senate is constituted a High Court of Justice, court ot 
 
 impeach- 
 by the King's decree, for the trial of the crime of high ment - 
 
 treason, and of charges brought against the ministers 
 by the Chamber of Deputies. In such cases, the Senate 
 is not a political body, but can only occupy itself with 
 those judiciary matters for which it has been convoked. 
 Except in case of a very serious crime, no senator can Freedom 
 
 from arrest. 
 
 be arrested except by order of the Senate, and it alone 
 is competent to adjudicate on charges brought against 
 its members. 
 
 The Chamber of Deputies consists of members chambe* of 
 elected by the various electoral colleges into which the 
 population is divided. No deputy can be admitted to 
 the Chamber unless he is a subject of the King, is not 
 less than 30 years of age, and in the full enjoyment of 
 his political rights. The deputies represent the nation in 
 
 * The Royal Princes have no rote \intil they attain the age of 25. 
 
76 CONSTITUTION OP 
 
 Italy. general, and not the provinces alone in which they were 
 elected. No imperative mandates can be given them by 
 their constituents. 
 
 If a deputy ceases, from any cause whatsoever, to 
 fulfil his duties, the college which elected him is imme- 
 diately convoked for the purpose of filling up the 
 
 Freedom vacancy. No deputy can be arrested, except for a serious 
 
 from arrest. . , . . , , . 
 
 crime, during the session, or prosecuted in any criminal 
 matter, without the previous authority of the Chamber. 
 Previous to the 6th of December, 1877, when imprison- 
 ment for debt was abolished, no deputy could be appre- 
 hended for debt during the session of the Chamber, or 
 for the three weeks before its opening, and after the 
 prorogation. 
 
 HOW elected. The members of the Chamber of Deputies are elected 
 by ballot, by all citizens who are 21 years of age, who 
 can read and write, and who pay taxes to the amount of 
 19 lire 80c. For this purpose the whole of the popula- 
 tion is divided into 135 electoral colleges or districts.*" 
 
 Electoral * By the new Italian Electoral Law of the 24th September, 1882, 
 
 ^ e qualifications required for the Parliamentary franchise are as 
 follows : 
 
 Article 1. (1) To enjoy by birthright or by origin the civil and 
 political rights of the kingdom. Those who by neither of these titles 
 belong to the kingdom, if Italians, may also be qualified as electors in 
 cases where they have obtained naturalization by Royal Decree and taken 
 the oath of fidelity to the King. Non-Italians can only become electors 
 on obtaining naturalization by law. (2) To be of the full age of 21 
 years. (3) To know how to read and write. (4) To have one of the 
 qualifications required by the following articles, viz. : 
 
 Article 2. To have satisfactorily completed the elementary course 
 of compulsory education ; or to be (1) an effective member of the 
 Academies of Science, Letters and Arts, established over 10 years, a 
 member of the Chambers of Commerce and Arts, or president, 
 director, or member of the Council of the Agricultural Associations 
 and Committees ; (2) a scholastic delegate or superintendent, professor 
 or master of whatever grade, by diploma or simple proficiency for 
 
PARLIAMENT. 77 
 
 At the general election of 1886, the number of Italy, 
 inscribed electors was 2,480,897, or 8'57 per cent, of the 
 inhabitants, or about 1 in 12. The number of voters 
 being 1,415,801, or 58'50 per cent, of the whole 
 number. 
 
 By the electoral law of 1860 the number of deputies Number of 
 
 deputies and 
 
 was fixed at 443, but as since that time 50 deputies have qualification. 
 been added from the Venetian provinces and Mantua, 
 and 15 from the province of Rome, the present number 
 is 508. Certain government officials receiving salaries 
 are ineligible, as well as all persons who have a cure of 
 souls. Of the persons holding office under the Crown 
 who are capable of election, the number elected must 
 never exceed one-fifth of the whole number of 
 deputies. 
 
 teaching in public or private schools or institutes, a president, rector, 
 or director of the said schools or institutes, or a minister of religion ; 
 (3) to have obtained an academical degree, or its equivalent, in one of 
 the Universities or higher institutes of the kingdom, or to be a pro- 
 curator of the Tribunals or Courts of Appeal, a notary, "ragioniere" 
 (Chief Clerk in a Government Department), geometrician, chemist, 
 veterinary surgeon, graduate of the mercantile marine, exchange agent, 
 or broker (legally recognised), or to have obtained the patent of 
 Communal Secretary ; (4) to have obtained the Lycean, gymnastic, 
 technical, professional, or magisterial degree ("licenza"), or passed 
 the examination of the first course in a public school or institute of the 
 second class, classical, technical, normal, magisterial, military, naval, 
 agricultural, industrial, commercial, artistic, professional, musical, or of 
 whatsoever kind, superior to the elementary, recognised or approved 
 by the State ; (5) to have served actively under arms for not less than 
 two years, and by reason of education been exempted from regimental 
 school attendance, or have frequented it with advantage ; (6) to be a 
 member of the Orders of Chivalry of the kingdom; (7) to have held 
 for at least a year the office of Provincial or Communal Councillor, of 
 Judge "Conciliator" or "Vice-Conciliator," according to the existing 
 laws, of Communal Vice-Proctor, of Usher attached to judicial 
 authorities, or to have been for one year at least president or director 
 of a bank, savings bank, charitable institution or company legally 
 established ; to be (8) employes in active service, or on pension or not, 
 
78 CONSTITUTION OF 
 
 Italy. The Chamber of Deputies has the right of impeach- 
 
 menS 1 " * n 8' ^ ne ministers, and bringing them before the High 
 
 ' ers ' Court of Justice. The ministers may attend the debates 
 
 of both Houses, but they have no vote unless they are 
 
 members. 
 
 The senators and deputies, before entering on the 
 
 exercise of their functions, are obliged to take the oath of 
 
 fealty to the King and loyalty to the constitution. 
 NO salary. Neither senators nor deputies are paid for their 
 
 services, but they are entitled to a free pass over all 
 
 the railways in the kingdom. 
 Sittings and The sittings of the Chambers are public, unless 10 
 
 quorum, 
 
 members signify in writing their desire that a secret 
 meeting shall be held. No business can be done by 
 
 of all offices under Government, of previously mentioned establishments, 
 or of manufactories which employ at least 10 persons in daily work, if 
 they have occupied for one year at least a salaried post registered on 
 the books of the office; (9) officers and ex-officers of the National 
 army ; (10) decorated with the gold or silver medal for naval, military, 
 or civil valour or sanitary merit ; (11) or with the medal of " The 
 Thousand," or that for the Italian War of Independence. 
 
 Article 3. Payers of exchequer or provincial taxes to the annual 
 amount of 19 lire 80 c. ; lodgers or tenants paying a rent of 6 and 
 upwards, as follows : 
 
 In communes of less than 2,500 souls, 6; in communes of from 
 2,500 to 10,000 souls, 8 ; in communes of from 10,000 to 50,000 souls, 
 10 10s. ; in communes of from 50,000 to 150,000 souls, 13 5s. ; in 
 communes of over 150,000 souls, 16. 
 
 Widows, and- women separated from their husbands by law, and 
 fathers, may vote through one of their sons (Article 12). 
 
 Non-commissioned officers, soldiers, and men belonging to corps 
 organised for the service of the State cannot vote as long as they are 
 under arms (Article 14). 
 
 Birth certificates and proof of domicile must be produced for 
 inscription on the electoral rolls (Article 17). 
 
 Persons who have undergone sentences under the Penal Code cannot 
 vote (Article 86). 
 
 Neither can bankrupts, lunatics, nor paupers vote (Article 88). 
 
 Transgressions of the law are punished by fine and imprisonment. 
 
PARLIAMENT. 79 
 
 either Chamber unless an absolute majority of its mem- Italy, 
 bers is present.* Freedom of speech is guaranteed. 
 
 Both Houses meet usually on the loth November, Ti me of 
 
 J ' meeting. 
 
 and sit to the end of June, though in some years 
 they have sat as long as 14 or 15 months. The vacation, 
 holidays take place invariably at Christmas and Easter, 
 and often at the Carnival. The sittings open at 2 p.m., 
 and continue until 6 or 7 p.m., unless in very exceptional 
 cases. The session may be prorogued or closed by a 
 royal decree. In case of its closure, the presidents, as 
 well as the other officers of the Houses, cease to be in 
 office, but are usually re-elected. 
 
 Any meeting of either House when tho other is not in 
 session is illegal, and its acts are entirelyn".ll and void. 
 
 The position of political parties in the Italian Parlia- 
 ment is different to what it is in other Parliaments, as 
 owing to the hostility which exists between the Church 
 and the State, the former, which would be the real 
 Conservative party, is not represented in the Legislature. 
 
 Consequently there is only one party, viz., the 
 Liberal party, which is sub-divided into sections. Of 
 the 508 deputies, with the exception of 30 Radicals, 
 all are Liberal Monarchists. 
 
 From 1860 to 1876 the Government was in the 
 hands of the Piedmontese, and the politicians of 
 Northern and Central Italy, who were known as the 
 Old Right; whilst the men of Southern Italy formed 
 the Left, and with them were associated the disaffected 
 and Radicals. The question on which they were at 
 issue was the occupation of Rome; both parties desired 
 
 * Manuale ad uso del Senator! del Regno e del Deputati, 1880. 
 t Reports respecting the practice and regulations of Legislative 
 Assemblies in Foreign Countries. Miscellaneous, No. 1 (1881), page 8. 
 
80 CONSTITUTION OF 
 
 Italy. to go to Rome, but, whilst the latter were desirous of 
 attaining their object by any means in their power, the 
 former, anxious not to offend the French, awaited the 
 course of events. 
 
 The occupation of Rome in 1870 removed the principal 
 cause of difference, and the differences which remained 
 proceeded rather from personal feeling than from dis- 
 agreements connected with home or foreign politics. 
 
 From 1876 to 1888 the Government was almost 
 always in the hands of Signor Depretis and of the 
 Left, who found allies on all the benches of the 
 Chamber, and, assisted by the death of several leaders 
 of the Right, particularly Sella, Lanza and Minghetti, 
 succeeded in reducing the majority of the Chamber to 
 a mere personal following. At the death of Depretis, 
 Signor Crispi inherited his position but with greater 
 authority, as the more the political parties tend towards 
 disappearance, the greater is the authority of a man 
 who is practically a dictator. The name of party is 
 merged in the personality of the statesman. Should 
 there be a general election, nobody would speak of 
 voting for the " Right " or the " Left," but of voting 
 " for " or " against " Crispi. It is not likely that a 
 clerical party will be formed in Italy, but the formation 
 of a Conservative party, whose principles would be the 
 promotion of economy and of sound finance, is far more 
 probable and much to be desired. 
 
 Election The expenses of contested elections are borne by the 
 
 expenditure, 
 
 how paid, f un d of the Chamber of Deputies, which fund appears in 
 the general budget of the State, and should it prove 
 insufficient, the Chamber is called upon to vote an 
 increase.* 
 
 * Miscellaneous, No. 7 (1881), (Electoral Contests), page 10. 
 
PAELIAMENT. 81 
 
 By the electoral law, the penalty of one or two years' Italy. 
 imprisonment, with loss of political rights, may be 
 inflicted on any person who, in a feigned name, votes 
 in an electoral college to which he does not belong, and 
 that without prejudice to the special penalties which 
 may be incurred under the penal code for the use of 
 false documents; the same penalties may also be in- 
 flicted for fraudulent registration. 
 
 Any person convicted of having, at the time of an Disturbance, 
 election, caused disorder and provoked tumultuous 
 assemblies is liable to be punished with a fine of from 
 50 to 200 lire, and, in default of payment, to imprison- 
 ment from 10 days to a month. 
 
 The same penalty, but without imprisonment, is in- unlawful 
 curred by any person who, not being an elector or e " 
 official, introduces himself into the polling place during 
 the progress of the election. 
 
 Any official who makes a disturbance in the polling Disturbance 
 
 by an official. 
 
 place and after having been called to order by the 
 president still continues to do so, may have his name 
 and an account of the circumstance inserted in the 
 minutes of the proceedings, and, on their production be- 
 fore the proper authority, may be fined in a sum of from 
 50 to 200 lire. 
 
 No elector is allowed to carry arms in a polling 
 place, nor can he vote without producing a certificate 
 from the Syndic that his name is on the registry, nor if 
 his name does not appear in the list of electors affixed 
 in the hall and remitted to the president. 
 
 Every elector, after having answered to his name, procedure at 
 receives from the presiding officer an unfolded ballot cl< 
 paper, upon which he writes his vote, and after folding 
 it gives it to the president, who places it in the proper 
 ballot box. 
 
 G 
 
82 
 
 CONSTITUTION OF 
 
 Italy. 
 
 Limitedvote - 
 
 Duration of 
 
 Proportion 
 
 
 The system adopted is known by the name of the 
 f ' limited vote." In the colleges,, v/hich have four or 
 five deputies, the voter writes four names on his ballot 
 paper three names when three are to be elected, and 
 two names when two deputies are to be elected.* 
 
 If an elector is unable from any cause to mark the 
 ballot paper himself, he is allowed to get a friend who is 
 an elector to do it for him, and the secretary makes a 
 note of the fact in the minutes of the proceedings. The 
 elector writes his name at a table distinct from the one 
 used by the officials, and, as he goes to take his vote to 
 the ballot box, one of the scrutineers and the secretary 
 write their names opposite the name of the voter on a 
 copy of the electoral list. 
 
 The poll is open from 9 to 4 o'clock, at which 
 hour it is closed, provided that all the electors present 
 have voted, and at least three hours have elapsed since 
 the names were called over. The votes are then imme- 
 diately counted. 
 
 The candidate is elected who obtains the greatest 
 number of votes, provided that number is above one- 
 eighth of the electors on the roll. 
 
 Under the law of 17th December, 1860, each success- 
 ful candidate was required to poll more than one-third 
 of the whole number of electors of the college, and more 
 than half of the electors present. 
 
 All the ballot papers are then burnt, with the excep- 
 tion of those on which any question has arisen, which 
 are annexed to the minutes of the proceedings, and cer- 
 tified by at least three of the officials. f 
 
 * By the Electoral Law of 1882 this mode of voting is applied to 
 33 constituencies, which return five members. 
 
 See " Representation," by Sir John Lubbock, Bart., M.P., pp. 63-64. 
 f Manuale ad uso dei Seuatori del Regno e dei Deputati, 1886. 
 
PARLIAMENT . 83 
 
 If all the deputies have not been elected at the first Italy 
 vote, then double the number of .the highest candidates Ballotage - 
 as there are members to be elected on the day fixed by 
 royal proclamation, are voted for at the ballot age. The 
 interval between the two ballots cannot be less than four 
 or more than eight days. The candidates who obtain 
 the greatest number of valid votes are elected, and in 
 the case of equality the eldest is successful. 
 
 A permanent commission of the Chamber is charged Permanent 
 
 c election com- 
 
 with the examination of the proceedings in all elections, mission - 
 and recommends their approval, annulment or suspen- 
 sion. In cases of suspected corrupt practices a second 
 inquiry is instituted by the permanent commission, and, 
 if such practices are proved, the commission recommends 
 to the Chamber the annulment of the election and the 
 prosecution of the guilty parties, in accordance with 
 the rules of the Chambers and the Penal Code.* 
 
 JAPAN. 
 
 Before proceeding to give in detail the leading pro- Preliminary 
 visions of the new Japanese constitution, it is desirable 
 to mention shortly the various occurrences which have 
 led up to this important event. 
 
 It is well known that for several centuries the Exe- 
 cutive Government was usurped by the Shoguns 
 (analagous to the Maires du palais of old French 
 history) who ruled at Yedo (now called Tokyo), while 
 the legitimate Sovereign, the Mikado, was delegated 
 to dignified seclusion at Kyoto. The Shoguns were 
 virtually the chiefs of a feudal oligarchy of Daimyo, 
 
 * Miscellaneous, No. 7 (1881), (Electoral Contests), page 19. 
 
 G 2 
 
84 CONSTITUTION OF 
 
 Japan. or territorial nobles, who exercised almost absolute 
 power in their several provinces. This feudal despotism 
 had long been borne with impatience by the mass of 
 the Japanese nation, and was finally destroyed by the 
 Eevolution of 1868, which restored the Mikado to his 
 ancient authority."* 
 
 It was on the 6th April, 1868, that the Mikado, 
 having in the previous year ascended the imperial 
 throne, took an oath in the presence of the as- 
 sembled court nobles and territorial princes. By this 
 
 as8emt>i ative oa ^ k e P rom i se( l that a deliberative assembly should 
 
 promised. ^ Q formed and all measures decided by public opinion ; 
 that the uncivilised customs of former times should 
 be broken through, and the impartiality and justice 
 displayed in the workings of nature adopted as a 
 basis of action ; and that intellect and learning should 
 be sought for throughout the world in order to establish 
 the foundations of the empire. Nothing, however, was 
 done in fulfilment of this promise until 1875, when the 
 Senate (G-enro In), a body consisting of about 80 
 members, was established, with power to discuss laws ; 
 and three years later local assemblies were formed for 
 the consideration and settlement of expenditure to be 
 defrayed out of local taxation and the means of levying 
 
 Parliament the same. On the 12th October, 1881. the Emperor, in 
 
 promised. 
 
 a proclamation, declared that it was his intention to 
 establish a Parliament in 1890. In 1884, as a pre- 
 liminary to the fulfilment of this promise, a national 
 peerage was created, consisting of 11 princes, 24 
 New peerage- marquises, 76 counts, 324 viscounts and 74 barons. 
 From this body will be selected the members of the 
 
 * Thirty years of Colonial Government, by Stanley Lane-Poole, 
 Vol. II., p. 318. 
 
PARLIAMENT. 8-J 
 
 Upper House in the future Parliament. The following Japan, 
 is the basis on which the new aristocracy has been 
 established : It is to be hereditary in the 'line of male 
 descendants ; the rights of peeresses are defined as 
 well as those of the relatives of peers, and it is stipu- 
 lated that the latter shall obtain special permission 
 from the Minister of the Imperial Household, in order 
 to contract marriage or adopt children. 
 
 The most important body in the Government is the Existing 
 
 government. 
 
 Privy Council (Sumritzu In), created in April, 1888. 
 It has no executive power, but deliberates on important 
 matters in the presence of the Emperor. The chief 
 authority, whether legislative or executive, is in the 
 hands of the Emperor and his Council, who are at the 
 head of the nine departments of Government. These 
 departments are of great antiquity. So long ago as A.D. 
 645-654, eight departments of state were created by the 
 Emperor Kotsku ; and the present official organisation 
 is adopted from the code of Taiho, which was com- 
 piled A.D. 701, in the reign of the Emperor Mommu. 
 
 The new constitution, which was proclaimed on the 
 llth February, 1889, consists of five laws.* "The 
 Constitution of the Empire of Japan," the " Imperial 
 Ordinance concerning the House of Peers," the "Law 
 of the House," the " Law of election of Members of the 
 House of Bepresentatives," and the " Law of Finance." 
 
 In the 332 articles which these laws consist of, the me 
 position of the Emperor is not much affected; but while 
 he still is the source of all law, his proposals will require 
 the sanction of the Houses before they can come into 
 effect. He is, however, to be allowed to issue ordinances 
 instead of laws where he may deem it necessary in the 
 
 * For account of the ceremony of the Proclamation, &c., see Appendix. 
 
86 CONSTITUTION OF 
 
 Japan, interests of the country. But under such circumstances 
 the ordinances have to be laid before Parliament at 
 its next session, and if disapproved of by Parliament 
 they are inoperative. His Majesty, however, reserves to 
 himself the issue of ordinances for bringing into effect 
 the laws, or for the public peace and order. He decides 
 the organisation of the different sections of the adminis- 
 tration, has the appointment and dismissal of the officials, 
 fixes their salary, and with him rests the entire com- 
 mand of the army and navy, the power of declaring 
 war or peace, of conferring titles and honours, ordering 
 amnesties, pardons, &c. 
 
 Legislature. As to the Parliament itself. It will consist of two 
 legislative Chambers the House of Peers and the 
 
 Souse House of Kepresentatives. The Upper House will be 
 partly elective, partly hereditary, and to some extent 
 nominated. The elective will be noblemen and com- 
 moners. The counts, viscounts and barons will be the 
 noblemen, and they will be elected by their respective 
 orders. The cities and prefectures will select the com- 
 moners from the highest taxpayers, and the election of 
 such persons has to be approved by the Emperor. The 
 nominated portion of the House will consist of persons 
 nominated by the Emperor on account of their merit. 
 The latter will be life members, while the elected 
 members will sit for seven years only. It is stipulated 
 that the number of Imperial nominees, together with 
 the representatives of cities and prefectures, shall at 
 no time be in excess of the number of nobles sitting in 
 the House. 
 
 Lower The Lower House will have 300 members elected bv 
 
 House. / 
 
 Qualification ballot in districts fixed by a supplementary law. The 
 
 ofcandi- . . * 
 
 dates. qualities to be possessed by candidates are that they 
 shall have attained the age of 30, that they have been 
 
PARLIAMENT. 87 
 
 paving, as direct national taxation, not less than 15 yen Japan, 
 per year for at least one year before the date of the 
 electoral list, and have been paying income tax for not 
 less than three years. Certain officers, including those 
 in active service, or only temporarily retired, are not 
 eligible. 
 
 Voters must be 25 years of ao-e and must be of Qualification 
 
 * of voters. 
 
 permanent residence in the district in which they vote. 
 Before they are entitled to registration as voters they 
 must have been resident at their present place of abode 
 for at least twelve months, and as to the requirements 
 concerning taxation they are the same as in the case of 
 a person seeking election. 
 
 Members are to sit for four years, and there must Term of 
 
 election and 
 
 be one session annually, or three months duration, which length of 
 
 J ' session. 
 
 may be prolonged if necessary, or an extra session 
 held.* 
 
 The members of the House of Eepresentatives are Electoral 
 elected in the election districts of each Fu (city) and pr 
 Ken (prefecture) . The governor of a Fu or Ken super- 
 intends the elections in his Fu or Ken, and the elections 
 in an election district are superintended either by the 
 Guncho (head of rural district) or by the Shicho (head 
 of municipality) . 
 
 The expenses of election are defrayed out of the Expenditure. 
 local taxes. 
 
 The following persons are disqualified from being Di 
 either electors or candidates, viz. : Lunatics and idiots ; 
 undischarged bankrupts; persons who have been sentenced 
 to confinement and to penal servitude, or to imprison- 
 ment for a political offence, or who have been punished 
 for gambling when full three years have not elapsed 
 
 * See Japan Gazette, February 15th, 1889. 
 
88 
 
 CONSTITUTION OF 
 
 Japan, 
 
 Electoral 
 list. 
 
 Day of 
 election. 
 
 Polling 
 hours. 
 
 Ballot box. 
 
 Mode of 
 roting. 
 
 since the completion of their sentences or pardon, or 
 who have been suspended from their electoral rights on 
 account of an offence connected with an election ; men 
 in the army or navy on active service, or who have tem- 
 porarily retired ; the toshu (paterfamilias) of families 
 of nobility, as well as all persons who are undergoing 
 any kind of criminal prosecution, until the completion of 
 the proceedings. 
 
 An electoral list, containing the names of all persons 
 qualified to vote, must be settled every year by the chair- 
 man of elections before the 15th of June. 
 
 The 1st of July is the date ordinarily fixed for an 
 election. In the case, however, of the dissolution of the 
 House of Representatives, the date of an extraordinary 
 election is fixed and proclaimed by imperial ordinance, 
 at least 30 days beforehand. The voting place is opened 
 in the town or village office, or in some other place named by 
 the Chocho or the Soncho, and is under his management. 
 
 The voting commences at 7 o'clock a.m., and is closed 
 at 6 o'clock p.m. 
 
 The ballot box must have a double lid, each fitted 
 with a different key one of the two keys being placed 
 in the custody of the Chocho or Soncho, and the other 
 in that of the witnesses. 
 
 Before the commencement of the voting the Chocho 
 or the Soncho must, together with the witnesses, of 
 whom there shall be not less than two, or more than five, 
 open the ballot box in the presence of the electors upon 
 the spot, and show them that it is empty. Every voter 
 must, at the voting place, inscribe upon the voting paper 
 the name of the person he votes for ; then his own name 
 and residence, and must put his stamp upon it. When 
 a voter declares himself incapable of forming the 
 characters required, the Chocho or the Soncho directs an 
 
PARLIAMENT. 89 
 
 officer to do it for him. The paper must next be read to Japan, 
 the voter, who must put his stamp thereon and then cast 
 his vote. These details must be entered in the minutes 
 of the voting. 
 
 In an election district where two, or more than two, 
 members are to be elected, the method of " scrutin de 
 liste " is to be employed. 
 
 "When the time for closing the polling arrives, the ciose of poll. 
 Chocho or the Soncho declares the facts and shuts the 
 ballot box. After the shutting of the ballot box no 
 voting shall be allowed. 
 
 On the day following that of the election the Chocho 
 or Soncho sends, in company with one or more wit- 
 nesses, the ballot box and the minutes of the voting, to 
 the Gun, Shi or Ku office concerned in the management 
 of the election. 
 
 The chairman of elections nominates by lot an Election 
 election committee of not less than three, and of not nominated, 
 more than seven, persons, from among the witnesses 
 assembled from the different voting places ; on the day 
 following that of the transmission of the ballot boxes, 
 the total number of ballots and that of the voters will 
 be counted. When the counting has been finished, the 
 chairman of elections inspects the ballots in company 
 with the election committee. 
 
 The following ballots are void : 1 . Those of persons B aiiot papers 
 whose names are not recorded in the electoral list, void, 
 except in the case of a person who has voted in virtue 
 of a judgment of a court of law, which he had brought 
 with him. 2. Ballots for which a regular voting paper 
 has not been used. 3. Ballots on which the voter's name 
 is not stated, or cannot be deciphered, or on which the 
 name of a person unqualified for election is inscribed. 
 
 But in the case of a " scrutin de liste," such a ballot 
 
90 CONSTITUTION OF 
 
 Japan. is effectual with respect to such of the persons named 
 therein as possess those qualifications. 
 
 When a ballot contains more than the fixed number 
 of names of persons to be voted for, the names in excess 
 of the fixed number must be struck off, commencing 
 with the last. When a ' ' scrutin de liste " contains less 
 than the fixed number of names, only those actually put 
 down upon it are counted. In case the name of one 
 person is written twice, it must be counted as one vote. 
 
 Minutes and Minutes of the election are kept by the chairman. 
 
 ballot papers * 
 
 after a ce?- an( ^ tne ballot papers, except under special circumstances, 
 
 tain interval. are preserved f Qr 6Q days in the (^ g^ Qr Ku offi(J ^ 
 
 and then burnt. 
 who is The individual who has obtained a relative majority 
 
 elected. J J 
 
 of the total number of ballots is declared the elected 
 person. When the numbers given to two candidates 
 are equal, the senior in age is declared elected, and 
 if the dates of birth are the same, the election is decided 
 by lot. 
 
 The governor of the Fu or Ken, on receiving the 
 information, must inform the elected candidate, who 
 has to signify his acceptance within 10 days, or 20 if 
 he is then absent from the respective Fu or Ken, or he 
 will be considered to have declined his election. In the 
 case of a vacancy occurring in this manner, the governor 
 of the Fu or Ken will fix the date for a new election, 
 except when there has been an equality of votes, and 
 then the second person who lost in the drawing by lots 
 will be declared duly elected, and will receive a certifi- 
 cate of election. 
 
 Bye . In the case of bye-elections, the governor of the Fu 
 
 or Ken must order a fresh election within 20 days 
 from the day on which he received the order from the 
 Minister of State for Home Affairs. 
 
PARLIAMENT. 91 
 
 The Chocho or Soncho must maintain order in the Japan. 
 voting place, and, in case of necessity, may deliver an 
 
 offender to the police authorities. 
 
 No person carrying arms, or who is not an elector, is 
 permitted to enter a voting place. 
 
 The Imperial ordinance of the 4th June, 1889, gecuon of 
 relating to the election of peers, enacts that counts, 
 viscounts, and barons of legal age shall, each from among 
 their respective orders, elect peers to represent them in 
 the House of Peers. The disqualifications need not be 
 mentioned again, as they are the same as in the law of 
 election of the House of Representatives. The number 
 to be elected is to be fixed by an Imperial ordinance 
 issued before the election, which is to take place at 
 Tokyo on the 10th of July. 
 
 It is the duty of the chief of the Bureau of Orders Electoral list 
 
 to be pre- 
 
 of Nobility and Rank to prepare, 52 days previous to P ared - 
 the election, lists of those qualified to vote, and to 
 distribute them among the members of the respective 
 orders. A chief officer of election is to be elected, 
 who is to appoint three witnesses, at least, to assist 
 him. 
 
 Electors vote by attending personally at the proper Electoral 
 
 , , , . procedure. 
 
 place of leection. 
 
 In each ballot ticket the order of nobility and names 
 of the persons to be elected must be stated, followed by 
 the order of nobility and names of the elector. 
 
 When an elector is unable to attend the place of Absent 
 
 T t r\' elector may 
 
 election on account of his residing without the Citv of **wrd MS 
 
 J ballot paper. 
 
 Tokyo, or on account of sickness or some other circum- 
 stance, he may entrust his ballot to another elector of his 
 own order of nobility. 
 
 In this case the ballot must be sealed, and the elector 
 must put his signature and stamp on the envelope. The 
 
92 CONSTITUTION OF 
 
 Japan. ballot is then transmitted, together witli a letter of at- 
 torney, to the person to whom it is to be entrusted, 
 successful The candidate who has obtained a relative majority 
 
 candidate. J J 
 
 of votes is declared to be elected. When the number of 
 votes given to two candidates is equal, the individual 
 who is senior in age is declared to be elected, and if 
 the dates of birth are the same, the election is decided 
 by drawing lots. 
 Bye- Bye-elections are held by Imperial order. The 
 
 elections. J . J 
 
 procedure of a bye-election is the same as in the case 
 of an ordinary election, and the term of service of a 
 member so elected corresponds with that of his pre- 
 decessor. 
 Election by Another ordinance relating to the election to the 
 
 taxpayers. 
 
 House of Peers of members paying the highest amount 
 of taxes, has, mutatis mutandis, very similar provisions. 
 In each Fu or Ken the 15 male inhabitants paying 
 the highest amount of taxes elect one of their number 
 to the House of Peers. This is the mutual election 
 referred to in the ordinance. 
 Penalties for The following are some of the penalties which the 
 
 corrupt 
 
 practices. ] aw prescribes for the prevention of corrupt practices. 
 
 Fraud. Any person who has effected the insertion of his 
 
 name in the electoral list by fraud is liable to a fine of 
 not less than four yen or more than 40 yen. 
 
 Bribery Any person guilty of bribery, or being bribed, is 
 
 liable to a fine of not less than five yen or more than 
 50 yen. 
 
 Intimidation Any person guilty of violence or intimidation, in 
 order to obtain a vote or to prevent an elector from 
 voting, may be sentenced to a minor confinement, without 
 hard labour, of not less than one month and of not 
 more than six months, with a fine of not less than five 
 yen and of not more than 50 yen. 
 
PARLIAMENT. 93 
 
 Whoever assembles a crowd of people for the purpose Japan, 
 of intimidating electors, or of causing disturbance, &c., 
 at a polling place, may be sentenced to a minor confine- 
 ment, without hard labour, of not less than six months 
 or more than two years, with a fine of not less than 10 
 yen or more than 100 yen. 
 
 Any person knowingly taking part in such a crowd 
 is liable to the same imprisonment, not exceeding 
 15 days or more than two months, with a fine of not 
 less than three yen or more than 30 yen. 
 
 Anybody guilty of personation is subject to a fine of Personat i n - 
 not less than four yen or more than 40 yen. 
 
 Should an elected person have been sentenced to any 
 of the above punishments (except for personation) his 
 election is void. 
 
 NETHERLANDS. 
 
 By the constitution of 1815, revised in 1848 and J^ a a L tes 
 1887, the legislative authority of the kingdom of the 
 Netherlands is vested jointly in the King and in the 
 States General, which consist of two Chambers, an 
 Upper and a Lower, whilst the executive power is in the 
 hands of the King and his responsible ministers. 
 
 The Crown of the Netherlands is vested in the Present 
 present King William Frederick, Prince of Orange- 
 Nassau and his legitimate descendants, with remainder 
 to the descendants of the Princess Caroline, wife of the 
 late Prince of Nassau Weilburg. 
 
 The succession to the Crown is transmitted by right 
 of primogeniture, so that the eldest son of the King, 
 or the male heir of the eldest son, by representation, is 
 the heir. He is the first subject of the King, and bears 
 the title of the Prince of Orange. 
 
9-4 CONSTITUTION OF 
 
 Nether- The King attains his majority at the age of 18; 
 
 Majority of 
 King. 
 
 His 
 
 whilst he is a minor he is under the guardianship of 
 certain members of the Royal House and of the Dutch 
 nobility, who are appointed guardians,, by a law 
 Dnty ' specially passed for that purpose in a joint assembly 
 of the two Chambers. 
 
 Before assuming the guardianship, each of the 
 guardians takes, in the presence of the united Chambers, 
 between the hands of the President, the following oath 
 
 uardian ( or ma ^ es * ne following promise) : " I swear (promise) 
 " fidelity to the King. I swear (promise) to fulfil 
 (C religiously all the duties imposed on me by the 
 " guardianship, and to do my best to inspire in the 
 " King attachment for the constitution and love for his 
 " people. So help me, God (I promise it)/' 
 
 of p Re in eS ent During the minority of the Sovereign, the Eoyal 
 authority is exercised by a Regent, who is nominated by 
 T f a law passed by the two Chambers of the States General 
 at a joint sitting. The Royal authority equally devolves 
 on a Regent, in cases where the King is declared to be 
 incapable of governing. In such a case the Council of 
 State having, after a careful inquiry, come to the con- 
 clusion that it is necessary to appoint a Regent, 
 
 joint sitting summons the States General to a joint meeting of the 
 
 of States J 
 
 General. two Chambers in order to hear their report. The 
 States General consider the report, and, if they agree 
 with it, pass a law in a joint sitting, appointing a 
 Regent during the King's incornpetency. When the 
 Prince of Orange is of age he becomes Regent as a 
 matter of right. 
 
 Regent ^ ne Regent takes, in the presence of the two 
 
 Chambers assembled together, between the hands of 
 the President, the following oath (or promise) : " I 
 " swear (promise) fidelity to the King. I swear 
 
PARLIAMENT. 95 
 
 '' (promise) that in the exercise of the Royal authority,, Nether- 
 <c so long as the King shall be a minor (so long 
 " as the King shall remain incapable of governing), 
 " I will always observe and maintain the constitution 
 cc of the kingdom. I swear (promise) to defend and 
 " preserve with all my power the independence and 
 " integrity of the territory of the kingdom ; to protect 
 " the public and private liberty and the rights of all 
 " the subjects of the King,, and each of them, and to 
 " employ for the maintenance of and progress of public 
 " and private prosperity, all the means that the laws 
 " place at my disposal, as a good and faithful Regent 
 ' ' ought to do. So help me, God (I promise it) .". 
 
 Until the Government is assumed by the Regent 
 (in the case of the King's incompetency), the Royal 
 power is exercised by the heads of departments in the 
 Council of State, as prescribed by Article 38 of the 
 Constitution. The same course is followed at the 
 decease of the King until his successor has assumed 
 the Government. The members of this assembly take 
 the following oath (or promise) in the presence of the Joint sitting 
 two Chambers assembled together : ff I swear (promise) General. 
 ' ' that, as member (President) of this Council of Govern- 
 " ment, I will concur in the exercise of the Royal 
 <e authority for the observance and maintenance of the 
 " constitution. So help me, God (I promise it)." 
 
 The King, to whom the provisions of Article 40 
 have been applied, re-assumes, as soon as possible, the 
 exercise of the Government, in virtue of a law which 
 abrogates the law prescribed by that article. But, 
 until this law is abrogated, the chiefs of the ministerial 
 departments, as well as the guardians, are personally 
 required to make a report of the King's state to the 
 Chambers whenever they demand it. 
 
96 
 
 CONSTITUTION OP 
 
 Nether- 
 lands. 
 
 Assumption 
 of the 
 
 government 
 by the King. 
 
 Oath of the 
 King. 
 
 Inaugura- 
 tion of the 
 King. 
 
 Having mentioned the principal provisions of the 
 constitution, with regard to the guardianship of the 
 King when a minor, and the appointment of a Eegent 
 during his minority, and in cases where he may be in- 
 capacitated from exercising the Royal authority, we 
 now come to the order of ceremonial which is to be 
 observed on his accession. 
 
 The King, after having assumed the government, 
 takes the oath, and is inaugurated as soon as possible 
 in the town of Amsterdam, in the presence of the two 
 Chambers of the States General, who hold a joint sitting 
 for the purpose. 
 
 Before this assembly, the King, on a copy of the con- 
 stitution, takes the following oath (or makes the follow- 
 ing promise) : " I swear (promise) to the people of the 
 " Netherlands to always maintain and observe the con- 
 " stitution of the kingdom. I swear (promise) to defend 
 " and preserve with all my power the independence and 
 " integrity of the territory of the kingdom, to protect 
 " the public and private liberty and the rights of all 
 " my subjects, and to employ for the maintenance and 
 " progress of public and private prosperity, all the 
 " means which the laws may place at my disposal, 
 " as a good King ought to do. So help me, God (I 
 ' ' promise it) ." 
 
 After having taken this oath, or made this promise, 
 the King is inaugurated in the presence of the States 
 General, whose President pronounces the under- 
 mentioned solemn declaration, which he immediately 
 confirms by oath or promise, as well as all the other 
 members successively : " In the name of the people of 
 " the Netherlands, and in virtue of the constitution, 
 f< we receive and inaugurate you as King ; we swear 
 " (promise) to maintain your inviolability and the rights 
 
PARLIAMENT. 97 
 
 tf of your Crown ; we swear (promise) to do all that Nether- 
 " is required to be done by good and faithful States 
 " General. So help us, God (we promise it)." 
 
 The King has the usual powers of a sovereign, with Powers of the 
 certain limitations. He declares war, but must give 
 immediate notice to both Chambers of the States 
 General, with such information as he may deem 
 advisable. Treaties which contain an exchange of the 
 territory of the State, which impose on the kingdom 
 pecuniary obligations, or which contain some other 
 disposition concerning legal rights, cannot be ratified by 
 the King, except with the consent of the States General. 
 
 The King has the right of granting pardons; he 
 exercises this right after having demanded the opinion 
 of the judge. Dispensations with regard to the execu- 
 tion of a law cannot be granted by the King, except 
 with the authority of the law. The King decides all 
 disputes of administration which may arise between 
 the provinces, and between the provinces and the 
 communes. 
 
 The King presents to the States General bills and 
 any other proposals, which he may judge advisable, and 
 he has the right of sanctioning and rejecting proposals 
 which are made to hirn by the States General. 
 
 The King has the right of dissolving the Chambers Right of 
 of the States General, either separately or both together, tie states 
 
 General. 
 
 The proclamation which pronounces this dissolution, 
 ordains, at the same time, the election of the new 
 Chambers within 40 days, and the convocation of 
 the newly-elected Chambers within two months. The 
 Council of State, whilst exercising the royal power, has 
 not the right of dissolution. 
 
 The Council of State consists of, besides the King- council of 
 
 & State. 
 
 and the Prince of Orange, a vice-president and 14 
 
 H 
 
98 CONSTITUTION OF 
 
 Nether- members. It is presided over by the King, who 
 
 lands, nominates its members ; the Prince of Orange, on attain- 
 ing his majority, having a seat by right. 
 
 The King submits for the consideration of the 
 Council all the propositions to be presented by him 
 to the States General, or which have been made to 
 him by the latter, as well as all the general measures 
 of administration of the kingdom, and of his colonies 
 and possessions in other parts of the world. Mention 
 is made at the head of all the decrees that the Council 
 of State has been consulted by the King. 
 
 Ministers. The chiefs of the ministerial departments, who are 
 
 appointed by the King, are charged with the execution 
 of the fundamental law and other laws, so far as the 
 execution depends on the Crown. Should they fail in 
 the performance of their duty, they may be prosecuted 
 by the King, or by the second Chamber, and tried 
 by the High Court. 
 
 First The first Chamber is composed of 50 members, who 
 
 are elected by the 11 provincial states from the 
 principal taxpayers in each province, at the rate of one 
 to 1,500 of the inhabitants, and from certain persons who 
 hold, or have held, certain high offices, as specified in the 
 
 Provincial electoral, law in the following proportion, viz. : six each 
 from North Brabant and Guelderland, ten from South 
 Holland, nine from North Holland, two each from 
 Zealand, Utrecht and Drenthe, four from Friessland 
 and three each from Overyssel, Groningen and Lim- 
 bourg. When the States General are convoked in 
 double numbers, there will be added to the ordinary 
 members of each Chamber an equal number of extra- 
 ordinary members, to be elected in the same way as the 
 ordinary members. The decree of convocation indicates 
 at the same time the day of the election. 
 
PARLIAMENT. 99 
 
 The members of the first Chamber are elected for Nether- 
 nine years. They vote without any instruction from the 
 
 J J J Period of 
 
 electors, and without referring to them. Their expenses election - 
 incurred in travelling, and for board and lodging, are Pecuniary 
 
 allowance. 
 
 paid according to law at the rate of eight norms a day. 
 
 They are renewed by a third every three years, in Triennial 
 conformity with a table arranged for that purpose. 
 "Retiring members are immediately re-eligible. 
 
 The second Chamber consists of 100 members, who second 
 
 Chamber. 
 
 are elected directly from male citizens who have not lost, 
 by a judicial sentence, the disposition or administration Qualification 
 of their goods, or who have not been deprived of their active, 
 eligibility, and who have attained to the age of 30 years. 
 They are elected for four years, retire at the same 
 time, and are immediately re-eligible. The members 
 vote without any mandate from the electors, and without 
 referring to them. 
 
 They receive their travelling expenses, fixed at 75 Travelling 
 centimes an hour (of travel) for each session, as well as 
 a sum of 2,000 florins a year. Ministers and those Annual 
 
 allowance. 
 
 members who have been absent during the whole session 
 will not have the benefit of the annual allowance. 
 
 The qualification of an elector of members of the Qualification 
 second Chamber is that he must be a male citizen, aged 
 23 years, an inhabitant of the kingdom, and have had 
 his domicile for the last 18 months previous to the 
 closing of the electoral lists in the country, colonies or 
 possessions of the kingdom in other parts of the world, 
 and have paid either a land tax of at least 10 guilders, 
 or a direct tax to an amount higher than the sum which 
 gives partial or entire exemption from taxation, and 
 which varies in proportion to the population.* 
 
 Code Politique des Pays Bas par M. G. Tripels, p. 36. 
 
 H 2 
 
100 CONSTITUTION OP 
 
 Nether- The following are disqualified from having their 
 
 names placed on the electoral lists : (1) Those who 
 
 Disqualifica- 
 
 tions. have been deprived of the electoral right by the judg- 
 
 ment of a court; (2) bankrupts; (3) persons in receipt 
 of a charitable allowance, or who are in prison. 
 
 Commence- In the case of the dissolution of the first Chamber. 
 
 mentnf order 
 
 of retire- the order of retirement begins to take effect within 
 
 ment. 
 
 two years after the third Tuesday of the month of 
 September following, and in the case of the dissolution of 
 the second Chamber, the members retire three years after 
 the third Tuesday of the following September. The 
 order of retirement in the first Chamber is settled by lot. 
 xoboay can Nobody can be at the same time a member of both 
 
 be a member 
 
 c'Ser, H Chambers. 
 
 Any person who is nominated at the same time, or 
 in several districts, member of the first or second 
 Chamber, or of both Chambers, at once makes his 
 selection. 
 
 Ministers. The ministers have the entree in both Chambers, but 
 
 they have only the right of speaking and no vote, un- 
 less they have been elected members of the Chamber in 
 which they are sitting. They give to the Chambers, 
 either verbally or in writing, the information demanded, 
 so long as its publication is not considered detrimental 
 to the State. Each of the Chambers can invite them to 
 attend their sittings for this purpose. 
 
 Right of Both Chambers have, either separately or together, 
 
 the right of inquiry which shall be regulated by law. 
 
 biiiu?s pati " "^ mem ^ er f ^ ne States General cannot be at the same 
 time vice-president or member of the Council of State, 
 president, vice-president or member of the High Court, 
 or " procureur general," or ' ' avocat general " of this 
 Court, nor president or member of the Court of Accounts, 
 1 nor commissary of the King in a province. 
 
PARLIAMENT. 101 
 
 Officers of the army on active service who become Nether- 
 members of either House are temporarily retired during an 
 their membership. When it expires, they are restored 
 to the active list. 
 
 Those members who, after their election, accept 
 salaried employment from the State, which they were 
 not in possession of at the time of their election, cease 
 by right to be members, but are re-eligible. 
 
 Members of the States General cannot be held re- Freedom of 
 sponsible for anything which they have said or written 
 during a sitting. 
 
 Each Chamber verifies the powers of its new mem- 
 bers, and decides any question which may arise as to 
 their powers, or the election itself. 
 
 Every proposal for the modification of the constitu- Amendment 
 
 of constitu- 
 tion must indicate expressly the modification proposed. tiou - 
 
 A law is then passed, declaring that there is ground for 
 taking the proposal into consideration. After the pro- 
 mulgation of this law the Chambers are dissolved. 
 
 The new Chambers examine the proposed amendment, 
 and cannot adopt it unless there is a majority of two- 
 thirds in its favour. No amendment of the law of 
 succession can be made during a regency. 
 
 The amendments to the constitution, having been 
 adopted by the King and the States Geceral, are 
 solemnly promulgated and added to the constitution. 
 
 There were, at first, for many years two political Political 
 parties, who were known as Liberals and Conservatives ; 
 their principal point of difference being the colonial 
 policy. The latter have, however, continually dimin- 
 ished, and in their place have arisen two new political 
 parties, viz., the anti-revolutionaries, who are opposed 
 to the principles of the French Revolution, consisting of 
 orthodox Protestants, chiefly Calvinists, and the Roman 
 
102 CONSTITUTION OF 
 
 Nether- Catholics. Tlic cause of their formation iuto political 
 lands. 
 
 parties was the passing of the law on primary education 
 
 in 1859, (modified., but not in its leading principles, by 
 that of 1878,,) which forbade religious teaching in the 
 Government schools. As they disapproved of an educa- 
 tion without religion, they were obliged to defray the 
 expenses of their own schools, (sectarian, as the Liberals 
 called them,) and that with no little difficulty on the part 
 of the anti-revolutionaries, who mostly belong to the 
 poorer classes. 
 
 The growing feeling of discontent arising from this 
 state of affairs, coupled with the increase in the elec- 
 torate, procured for the combined anti-Liberal party a 
 majority in the second Chamber in 1887, at the first 
 general election under the new Keform Bill, and at 
 present the parties in the Chamber are distributed in 
 the following proportions viz., 44 Liberals, 28 anti- 
 revolutionaries, 26 Roman Catholics, one Conservative, 
 and one Socialist. 
 
 The Upper House still consists for the greater part 
 of Liberals, the reason being that the members sit for 
 nine years and are elected by the provincial states, which 
 are principally Liberal, and whose members sit for six 
 years, so that a change in the public opinion is not so 
 soon seen in the composition of this Chamber. The fact 
 of the Liberals having still the majority in most of the 
 provincial states may be explained by the circumstance 
 that, as long as they were superior in the second 
 Chamber, it seemed useless and imadvisable to pay 
 much attention to the political opinions of the members 
 of these states, whose chief task is not a political one 
 but the care of provincial interests, so that usually in- 
 fluential or official persons, such as burgomasters, were 
 elected. It may seem strange that, though political 
 
PARLIAMENT. 
 
 opinions were little considered, the Liberals have got Nether- 
 the majority ; but it may be partially explained by the 
 fact, first, that official persons often adhere to the party 
 which has been in power for a long time ; and, secondly, 
 that the superior classes in this country are frequently 
 rationalistic in their ideas. 
 
 A new law on primary education, granting a subsidy 
 to denominational schools, has been adopted by the anti- 
 Liberal and 1 7 Liberal members in the second Chamber, 
 and, if it should be carried in the first Chamber, it may 
 very probably lead to the formation of new and more 
 purely political parties. This expectation is grounded 
 on the fact that each of the three existing parties has 
 opinions about certain questions in common with another. 
 
 The Liberals and anti-revolutionaries are in favour 
 of, whilst the Roman Catholics are against, compulsory 
 personal military service ; the Liberals are free traders, 
 the anti-revolutionaries fair traders, and the Roman 
 Catholics protectionists. The Liberals will maintain, 
 the anti-revolutionaries abolish, the law providing that 
 no children, unless vaccinated, shall be admitted to the 
 schools, whilst the Roman Catholics have no decided 
 opinions about the question. 
 
 The number of electors under the new constitution is Number of 
 290,000, being at the rate of one voter in about 15 
 persons. 
 
 As a general rule the first Chamber meets on the Time of 
 third Tuesday in September, which is the day appointed meeting: 
 by the constitution for the opening of the States General, 
 and on the following days. It meets again in November 
 or December for the consideration of the colonial budget, 
 and in December and January for the debate on the 
 home budget; and after Easter once or twice in the 
 course of the summer. 
 
104 CONSTITUTION OF 
 
 Nether- The number of sittings of the first Chamber depends 
 
 Number of g rea %" on the quantity of business which has to be 
 transacted. During the two years previous to 1881 the 
 number was, on the average, 30. 
 
 The second Chamber commences its labours imme- 
 diately after the opening of the States General, and 
 continues them usually for a period of six weeks. 
 
 As the budget ought to be adopted annually before 
 the end of December, and the debates upon it take up a 
 Length of considerable time, the Chamber is generally in session 
 from the month of September to the second half of 
 December, with the exception of one or more intervals 
 of a few weeks. It resumes its labours in February, 
 and adjourns after a sitting of about six weeks, repeating 
 this course once or twice afterwards, according to circum- 
 stances. 
 
 joint sitting By the constitution, a joint sitting of the two 
 Chambers., Chambers is prescribed at the opening and close of the 
 
 sitting, as well as on several other occasions. 
 Duration of The annual ordinary session of the States General 
 
 session* 
 
 cannot be closed if it has not lasted at least 20 
 days, unless the King should exercise his right of 
 dissolving. 
 Length and With respect to the time which each Chamber sits, 
 
 hours of sit- 
 
 tingi the first Chamber usually meets on Monday evening, at 
 
 half-past 8 o'clock, to hear the reports and settle Tuesday 
 as the day for opening the debates. It then meets every 
 day of the week, Saturday included, generally from 11 
 till 4 or 5 o'clock. Other evening sittings are seldom, if 
 ever, held. When there is a scarcity of business, the 
 Chamber frequently does not meet before 2 o'clock. 
 The Lower House meets at 11 o'clock in the morning, 
 and adjourns at 4 o'clock or half -past in the afternoon, 
 although frequently the duration of tho sitting is much 
 
PARLIAMENT. 105 
 
 shorter.* On Mondays and on Saturdays the House Nether- 
 generally does not meet. 
 
 At the opening 1 of a new session, the business which unfinished 
 
 buMness 
 
 is left unfinished in the preceding session, can be taken "> be f ke 
 
 up in next 
 
 up at the point where it was dropped ; at least such is 
 the general opinion, the Standing Orders not containing 
 any exact rule on the subject. In the rules however of 
 the second Chamber it is expressly stated that any 
 government bills left unfinished in a previous session 
 may be taken up in a following session, at the point 
 where they were left off.f 
 
 days at least before the time fixed for the Electoral 
 
 procedure. 
 
 election, each elector receives from the president of the 
 Communal Council, by messenger or by post, a letter of Notice of 
 summons, indicating the day, time, and place, fixed for 
 the election, and containing a ballot paper, bearing, if it 
 relates to an election for the Communal Council, the seal 
 of the commune, and if it be an election for the provin- 
 cial states, or the second Chamber, the seal of the 
 capitals of the principal and sub-electoral district. The 
 
 * Article 37 of the old Reglement of the second Chamber had this 
 statement : " The hour of the meeting is 11 a.m., unless the president, 
 in consideration of the business, judges it more appropriate to begin 
 earlier or later, or the Chamber decides otherwise. With the same 
 restriction, the meeting is not opened on Monday before 1 o'clock, and 
 there is no meeting on Saturday. For holding an evening meeting a 
 resolution of the Chamber is required." 
 
 In the new Reglement, Article 43, the words in italics were altered 
 into : " With tic? same restriction, no meeting, not even of the sections, 
 is held on Saturday or Monday." 
 
 This alteration was made in accordance with that made in the 
 constitution, fixing the opening of the States General for the third 
 Tuesday instead of the third Monday in September, to prevent the ne- 
 cessity of Sunday travelling-. 
 
 f Reports respecting the Practice and Regulations of Foreign 
 Legislative Assemblies. Miscellaneous. Xo. 1 (1881), page 10. 
 
100 CONSTITUTION OF 
 
 Nether- elector who has lost his ballot paper, or who has not 
 received one, will have an opportunity of obtaining one 
 at the office of the secretary oi the commune. 
 
 Foiling The polling place is in the commune where the 
 
 place. 
 
 elector is borne on the electoral list. The voting paper 
 properly filled in will be deposited by the elector himself 
 in the urn in the place appointed. Electors, who are not 
 soldiers, must enter the polling place without arms. 
 Duration of The poll begins at 9 o'clock in the morning, and 
 continues until 5 o'clock in the afternoon, if the 
 election takes place between the first of May and the 
 end of September, and until 4 o'clock, if it is held 
 between the first of October and the last day of April. 
 It only lasts one day. 
 
 The president of the council of the commune, or his 
 deputy, is the president of the electoral bureau, which 
 consists of himself and two members of the council to 
 be selected by him. On the table in front of the 
 electoral bureau is placed a copy of the present law and 
 of the electoral list, and by its side, or on it, the urn 
 made according to the model determined on by the King, 
 and locked with two different keys, one of which shall 
 be kept by the president, and the other by the eldest 
 member of the bureau. The members of the electoral 
 bureau are the scrutineers. They both check the names 
 of each elector who conies to place his vote in the urn. 
 
 The president of the electoral bureau is charged 
 with the maintenance of order in the hall where the 
 election takes place. Should he find it impossible to 
 keep proper order, he will adjourn the poll to the 
 following day, or if it is Sunday to the day after. 
 
 Immediately the hour fixed for the close of the poll 
 has arrived, the urn is sealed up in the presence of the 
 electors who happen to be there, and taken, with the lists 
 
PARLIAMENT. 107 
 
 and minutes of proceedings, by the youngest scrutineer, Nether- 
 to the president of the counting bureau. 
 
 The counting of the votes takes place on the follow- 
 ing day, at 9 o'clock in the morning, in the chief 
 town of the principal electoral district. If necessary it 
 can be postponed until the day after, but in no case can 
 the postponement be for more than three days after 
 the election. 
 
 The members of the first Chamber are nominated by Election of 
 
 * members of 
 
 the provincial states, in the manner indicated in the {^J^er 
 provincial law. The ordinary time fixed for their elec- 
 tion is the second Tuesday in July, and at the same time 
 provision is made for filling up the vacancies which 
 occur on the third Tuesday in September. 
 
 Bye-elections must take place not later than 30 
 days after the vacancy has occurred, and in the case 
 of the dissolution of either Chamber, the election must 
 be held within 40 days of the date of the issue of the 
 proclamation. 
 
 Notice is sent with an extract from the minutes by Notice sent 
 the states deputies to the member elected, and if he elected. 
 does not accept his nomination within three weeks the 
 seat is declared vacant, and another election takes place 
 within a fortnight. 
 
 Members of the first Chamber can send in their Resignations, 
 resignation at any time. They address it to the Chamber, 
 which informs the Minister of the Home Department, 
 and if the session is closed, send it direct to the minister 
 himself. A member who has lost his qualification loses 
 his seat in consequence. 
 
 The members of the second Chamber are elected in Election of 
 
 members of 
 
 the 84 electoral districts, into which the kingdom isjhfs*ond 
 
 Chamber. 
 
 divided, by those who are inserted in the lists of electors 
 of this Chamber. Out of the 84, 79 elect one member 
 
108 CONSTITUTION OF 
 
 Nether- each, whilst Groningueii and Utrecht have each two 
 representatives, La Have three, Rotterdam five, and 
 Amsterdam nine. 
 
 The ordinary time for the election of members of the 
 second Chamber is the second Tuesday in the month of 
 June. 
 
 At the first turn of the ballot nobody is elected who 
 has not obtained an absolute majority. At the ballotage 
 which is necessary when this majority has not been 
 obtained at the first turn of the ballot, and which takes 
 place 14 days after the day on which the minutes 
 of proceedings of the elections have been settled, a 
 plurality of votes is sufficient. If the votes are equal, 
 the eldest is elected, and if the ages are the same, the 
 question is decided by lot. 
 
 If at the first turn of the ballot nobody has obtained 
 an absolute majority, the bureau will draw up a list 
 containing twice as many names as there are persons to 
 be elected, and on this list will be placed those who at 
 the first ballot obtained the highest number of votes. 
 This list is afterwards forwarded to all the electors with 
 the letter of summons. After the election is over, every 
 successful candidate receives a copy of the minutes of 
 proceedings, signed by the president and one of the 
 scrutineers, which serves as a certificate of election, if 
 within three weeks he accepts his nomination. 
 
 If he returns no answer, he is considered to have 
 refused the nomination, and a new election is ordered 
 14 days after notice has been sent to the administra- 
 tions of the communes. In the case of a vacancy in 
 the second Chamber, the Minister of the Home Depart- 
 ment fixes the day of the ballotage, or of the new 
 election. 
 
 The elected member forwards to him, besides his 
 
PARLIAMENT. 109 
 
 letters of credence, an extract of the register of his Nether- 
 vote, or in default a notarial certificate of the time Letter g of 
 
 and place of his birth, and a declaration signed 
 
 by himself, mentioning all the public offices which he of the Home 
 
 Department. 
 
 holds. 
 
 With regard to electoral contests in the Netherlands, Electoral 
 
 contests. 
 
 it appears that there are no provisions in the Dutch laws 
 for limiting the expenses of candidates. As a rule, the 
 electors who, in the different electoral divisions, share 
 the same opinions, form associations that have for their 
 object the choice of candidates, whose names are an- 
 nounced by means of advertisements in the newspapers, 
 printed bills posted in the street, &c. 
 
 It is by no means rare that individuals are inscribed Patent 
 
 electors. 
 
 as electors in virtue of a patent fee paid ostensibly for a 
 license to practice some profession, which in reality they 
 do not practise, whilst others enable them to pay this 
 fee and thus assure themselves of their vote. Such acts 
 are evidently contrary to the spirit of the fundamental 
 law, but by the terms of the electoral law it is not pos- 
 sible to prevent electors created by such means from 
 recording their vote. 
 
 The ordinary expenses of elections are borne, under Election 
 Article 205 of the Communal Law, by the parishes, and 
 their authorities are entrusted with the conduct of 
 elections. Even when there is occasion to have recourse 
 to a second vote (ballotage), these expenses are gener- 
 ally of little importance. 
 
 PORTUGAL. 
 
 By the Constitutional Charter of Portugal, which charter of 
 was granted by the King in 1826, thejpliijcal powers 
 
110 CONSTITUTION OF 
 
 Portugal, recognised by the constitution of the kingdom are 
 declared to be four in number, viz., the legislative, the 
 moderating, the executive, and the judiciary authorities. 
 The representatives of the Portuguese nation are the 
 King and the Cortes. 
 
 Cortes. The legislative power is vested in the Cortes, subject 
 
 to the royal sanction, whilst the moderating and 
 executive powers are entirely in the hands of the King. 
 
 Moderating The moderating power is the key of all the political 
 
 power of 
 
 King-. organisation, and belongs exclusively to the King, as 
 the supreme head of the nation, in order that he may 
 watch incessantly over the preservation of the indepen- 
 dence, the equilibrium, and the harmony of the other 
 political powers. 
 
 The person of the King is inviolable and sacred, and 
 is subject to no responsibility. His titles are : " King 
 " of Portugal and of the Algarves," within and beyond 
 the seas ; in Africa, " Lord of Guinea, and of the 
 " Navigation and of the Commerce of Ethiopia, Arabia, 
 " Persia, India/ 7 &c. ; and he is designated as " His 
 " Very Faithful Majesty." 
 
 The King, as the moderating power, has the power of 
 proroguing or adjourning Parliament, and of dissolving 
 the Chamber of Deputies and the elective portion of the 
 Chamber of Peers, when the good of the State requires 
 it. The new Parliament must be convoked and assem- 
 bled within three months, and cannot be again dissolved 
 before it has sat at least three months. 
 
 He has the right of granting pardons ; but in cases 
 where ministers of State have been condemned for 
 offences committed in the discharge of their duties, the 
 royal prerogative cannot be exercised except at the 
 request of one of the Legislative Chambers. 
 Executive The King is the chief of the executive power, and 
 
 King;. 
 
1'AhLlAMEXT. Ill 
 
 exercises it through his ministers of State. The follow- Portugal, 
 ing are some of his powers : 
 
 He convokes the Cortes ; he nominates the bishops, 
 and presents to ecclesiastical benefices; all appoint- 
 ments, civil and political as well as naval and military, 
 are in his disposal ; he makes treaties of alliance, 
 whether offensive or defensive, but in each case they 
 can have no effect, unless they have been submitted to 
 and approved of by the Cortes in a secret sitting ; he is, 
 moreover, the fountain of honour, and is responsible for 
 the due execution of the laws. 
 
 The King, before being proclaimed, takes, in the 
 presence of the President of the Chamber of Peers, the 
 two Chambers being assembled together, the following 
 oath : " I swear to be faithful to the Catholic, 
 " Apostolic and Roman religion ; to preserve the 
 " integrity of the kingdom ; to observe, and cause to be 
 " observed, the political constitution of the Portuguese 
 " nation, and the other laws of the nation, and to 
 " provide for the general good of the kingdom, to the 
 " best of my ability."* 
 
 The King cannot be absent from the kingdom for 
 more than three months without the consent of the 
 Parliament. 
 
 The Heir presumptive of the kingdom assumes the 
 title of Prince Royal, and his eldest son that of Prince 
 of Beira; all his other children, that of Infants. The 
 two former are called " Royal Highness," whilst the 
 latter merely bear the title of "Highness." 
 
 The Heir presumptive, after having attained to the 
 age of 14 years, takes, in the same manner as the 
 King, the following oath : " I swear to be faithful to 
 
 * See Times," Oct. 21, 1889, p. 5. 
 
112 CONSTITUTION OF 
 
 Portugal. " the Catholic, Apostolic and Eoman religion; to observe 
 C{ the political constitution of the Portuguese nation, 
 " and to obey the laws and the King/' 
 
 Annual allowances are made by the Cortes to the 
 King and Queen and their children; but if the latter 
 marry, a lump sum is granted to them in lieu of any 
 annual allowance. 
 
 succession to The succession to the throne is in direct descent. 
 
 the throne. 
 
 male and female, from the late Queen Dona Maria II. 
 
 The marriage of a princess-heiress to the Crown 
 cannot take place without the consent of the King, and 
 if there is no King without the approval of the Cortes. 
 The husband of the princess can take no part in the 
 government, and may not bear the title of King, until 
 after having had by the Queen a son or a daughter. 
 Minority of The King is a minor until the age of 18. During 
 Regency. his minority the kingdom is governed by a regency, 
 which belongs to the nearest relation of the King, 
 according to the order of succession, provided that 
 he has attained the age of 25 years. If the King has 
 no relation fulfilling those conditions, the kingdom is 
 governed by a permanent regency named by the Cortes, 
 composed of three members, of whom the eldest must 
 be president. So long as this regency is not organised, 
 the government is intrusted to a provisional regency, 
 composed of the two ministers of State, of the king- 
 dom and of justice, and of the two senior councillors 
 of State, under the presidency of the Queen widow, 
 or, failing her, of the eldest councillor of State. 
 of'xhf ^ ^ ^ e K m > through any cause physical or moral, 
 
 recognised as evident by the majority of each of the 
 Chambers, becomes incapable of governing, the Prince 
 Royal, if he has attained the age of 18 years, assumes 
 the government as Regent in his place. 
 
PAKLIAMEXT. 113 
 
 The Regent, as well as the regency, must take the Portugal, 
 oath previously mentioned,, with the addition that he 
 swears fidelity to the King, and promises to restore the 
 government to him when he shall have attained his 
 majority, or when his incapacity shall have ceased. 
 
 The acts of the regency, or of the Regent, are 
 issued in the name of the King, with the following 
 formula : " The regency " (or the Prince Royal or 
 the Regent) " commands in the name of the King." 
 Xeither the regency nor the Regent are responsible. 
 
 During minority, the successor to the Crown will jf"*^ 1 * 11 
 have as guardian the person (if any) named in his nunorit J r ' 
 father's will ; failing him, the Queen mother ; and 
 failing her, the Cortes will nominate the guardian, 
 with this reservation, that the guardianship of the 
 King, when a minor, can never be conferred on the 
 next heir to the Crown. 
 
 The ministers of State must countersign or sign all Ministers, 
 the acts of the executive, as otherwise they cannot 
 be carried into effect. They are responsible : (1) for 
 treason; (2) for corruption; (3) for abuse of power; (4) 
 for default of observance of the law ; (5) for every 
 enterprise against the liberty, security, or property of 
 the citizens ; (6) for any waste of the public money. 
 
 In the event of their being accused of any of these 
 offences, they are liable to be impeached by the Chamber 
 of Deputies, and to be tried by the Chamber of 
 Peers. 
 
 The ministers are not freed from their responsibility 
 by a verbal or written order of the King. They are in 
 charge of the following seven departments, viz. : (1) 
 Presidency of the Council and Ministry of the Interior ; 
 (2) Justice; (3) Public Works; (4) Finance; (5) 
 Marine and the Colonies; ('T War: and (7) Foreign 
 
 I 
 
114 CONSTITUTION OF 
 
 Portugal. Affairs. There is also a Council of State, which the 
 King consults on all important occasions. 
 
 ofc6rt2 ioa f -^e Cortes are composed of two Chambers, namely, 
 the Chamber of Peers and the Chamber of Deputies. 
 
 The peers and deputies represent the nation, and not 
 the King who nominates them, or the colleges and 
 electoral districts which elect them. The constitution 
 does not recognise the " mandat imperatif."* 
 
 Chamber The Chamber of Peers is composed of 100 life 
 
 of Peers. 
 
 members nominated by the King ; of 50 members elected, 
 and of peers by right, viz., the Prince Royal and other 
 princes, when they have attained the age of 25; the 
 Patriarch of Lisbon, and the archbishops and bishops of 
 the " continental kingdom." 
 
 Peers who, at the time of the promulgation of the 
 law (24th July, 1885) belonged to the Chamber, remain 
 members for life. 
 
 The elective part of the Chamber is elected for six 
 years, but it can be dissolved at the same time as the 
 Chamber of Deputies, or separately. So long as the life 
 peers are not reduced to a hundred, not including the 
 peers by right, the King can only name one peer for every 
 three vacancies. Elective peers can only be taken from 
 the same classes, from which they are nominated by the 
 King. The immediate successors of deceased peers and 
 of peers existing at the time of the passing of the law of 
 1885, take their seats by hereditary right if they fulfil 
 the conditions of the law of the 3rd May, 1878. This 
 law enacts that peers shall not be selected except from 
 among citizens of the age of 30 years, who shall have 
 exercised certain public functions, be possessed of a 
 
 * Law of 24th July, 1885, amendment to Article 14 of the Con- 
 stitution. 
 
PAELIAMEXT. 115 
 
 certain revenue, or who pay a certain number of taxes, Portugal, 
 or are directly descended from an hereditary peer. 
 Five of the elective peers are chosen indirectly by the 
 University of Coimbra and certain other Portuguese 
 scientific bodies the delegates to meet at Lisbon. The 
 remaining 45 peers are also chosen indirectly by the 
 different administrative districts. The delegates for 
 Lisbon return four peers ; those for Oporto three ; 
 those for the other districts two each.* All Portuguese 
 subjects are eligible, provided that they are in posses- 
 sion of their civil and political rights, are 35 years of 
 age, and are in any of the categories mentioned in the 
 law of the 3rd May, 1878. The peers representing 
 administrative districts are elected by electoral col- 
 leges constituted of delegates from the general juntas, 
 and chosen by municipal colleges. These latter colleges 
 consist of the members of the municipal chamber, the 40 
 highest contributors to the real property tax, and the 40 
 highest contributors to the industrial, sumptuary and 
 house-rent taxes. Civil governors, judges of tribunals 
 of the second instance, and commandants of military 
 divisions are not eligible in their own districts. The 
 election of peers by the scientific establishments is 
 managed by a special college, which meets in the 
 capital, consisting of 10 delegates from the University 
 of Coimbra, four each from the Polytechnic School of 
 Lisbon, the Polytechnic Academy of Oporto, and the 
 Royal Academy of Sciences, and two each from the 
 other scientific bodies. The election of a peer by the 
 scientific bodies is preferred to an election by adminis- 
 trative districts. 
 
 Hereditary peers are required by the old electoral 
 
 * " Statesman's Year Book," 1889, p. 389. 
 
 i 2 
 
116 CONSTITUTION OF 
 
 Portugal, law to have an income of 2,000,000 reis, or about 144, 
 whilst the elective peers are supposed to have con- 
 siderably more. 
 
 The number of peers at the present time (1889) 
 is 180. 
 
 The nomination of the President and Vice-President 
 of the Upper House is vested in the King. The daily 
 sittings commence at 2 p.m., and last three hours. 
 chamber of The Chamber of Deputies consists of 173 members,, 
 
 Deputies. 
 
 of whom 153 represent the administrative districts of the 
 continent, and 14 the islands; the remaining six are 
 chosen by accumulation, being those candidates who, 
 although not elected for any one district, have obtained 
 a cumulative vote of at least 5,000 in several districts. 
 
 Deputies who are appointed to any office, except in 
 the Cabinet or Council of State, or who receive any title 
 from the Government, vacate their seats ipso facto, but 
 they are capable of re-election. The salary of each 
 deputy is fixed at 100,000 reis (about 22 4s.) a 
 month during the session. They must have an annual 
 income of 400,000 reis, equivalent in English money 
 to 89. 
 commence- The ordinary annual session commences on the 2nd 
 
 mcnt of 
 
 January. It is opened by the King in the presence of 
 both Chambers, with a speech from the throne, and 
 closes, as a general rule on the 2nd April, with the same 
 ceremonial. 
 
 The Chamber of Deputies has a daily sitting, except 
 on holidays, or on days of public mourning, but a day 
 in each week may be set apart by the President for 
 working in the different committees. 
 
 Time of The Chamber meets every day at 12 o'clock, but if 
 
 there is not a sufficient number of deputies present 
 in order to commence the sitting, it is counted at 1 p.m., 
 
PARLIAMENT. 117 
 
 and this latter hour is the most usual time for opening Portugal, 
 the sittings. If at 1 p.m. the legal number of deputies 
 requisite for the sitting to commence is not present in 
 the Chamber, no sitting is held on that day. The daily Duration of 
 
 duily sittinff 
 
 sittings last five hours, but they may be prolonged by a 
 decision of the Chamber, and they may continue beyond 
 the usual hour for closing should any deputy or minister 
 be speaking, and wish to conclude his speech. There 
 may be, by the decision of the Chamber, a day sitting 
 and a night sitting on the same day. Three hours at 
 least, in each daily sitting, must be devoted to the dis- 
 cussion of the orders of the day, and the deputies are 
 allowed one hour to speak upon miscellaneous matters 
 before passing to the orders^ of the day. The King 
 selects a President and Vice-President from five names 
 submitted to him by the Chamber. 
 
 The Cortes is divided politically into three parties : Political 
 (1) Progressistas ; (2) Rcgeneradores ; (3) Republicans. 
 In the late Chamber of Deputies the present Govern- 
 ment (Progressistas), of which Senhor Lucianno de 
 Castro Corte Real is the President of the Council, had 
 a considerable majority, which he has maintained in the 
 recent elections. After them the Regeneradores are the 
 most numerous ; the Republicans forming a somewhat 
 small number. 
 
 Life peers and deputies cannot be arrested by any 
 authority except on the order of the Chamber of which 
 they are members, unless in certain very special cases 
 established by the penal laws. This provision is applic- 
 able to temporary peers during the term for which they 
 are elected. When a peer or deputy is accused or 
 indicted, the judge must notify the fact to the Chamber, 
 which will decide if the peer or deputy is to be sus- 
 pended, and if the procedure is to be carried on in the 
 
118 CONSTITUTION OP 
 
 Portugal, interval between the sessions, or after the cessation of 
 the functions of the accused. 
 
 Peers and deputies can be appointed Ministers of 
 State or Councillors of State, without losing their seats 
 in the Chamber of which they form part. 
 
 Freedom of speech is guaranteed to the members of 
 both Houses, and they have equally the right of pro- 
 posing new laws. 
 
 mittee? m ~ -t n the event of their disagreement, a joint committee 
 
 of the two Houses is appointed, which fixes the basis of 
 
 Limit as to a new proposal. The King cannot veto a law which has 
 
 been passed twice by both Houses. 
 
 pSiamenf Each Parliament lasts three years, and every year 
 and sessions, there is, generally speaking, a session which lasts three 
 months, but a session which lasts less than three 
 months is not counted in the duration of the Parlia- 
 ment, unless in the same year there is another session 
 lasting the necessary time in order to complete the three 
 months. The King has also the power of summoning 
 an extraordinary session in the interval between the 
 ordinary sessions. 
 
 5S f Under the law of the 21st May, 1884, the Chamber 
 how elected. Q j) e p u ti es | s elected in the following manner : 
 
 1. By pluri-nominal lists (i.e., by voting papers 
 containing as many names as there are deputies 
 to be elected, but subject to the following 
 restrictions) in the divisions in which the 
 capitals of the districts of the continent and 
 adjacent isles are situate. In this case the 
 voting papers for the divisions which are to 
 return three deputies can only contain two 
 names, whilst for those returning four they 
 must not contain more than three names, nor 
 for those of six more than four names. 
 
PAELIAMENT. 119 
 
 2. By uninominal lists (i.e., voting papers con- Portugal. 
 
 taining one name where only one deputy is to 
 be elected) in the remaining divisions of the 
 continent. 
 
 3. By accumulation of votes for not more than six 
 
 deputies, when they obtain at least 5,000 votes 
 each, in the continent and adjacent isles.* 
 
 In each of the divisions, whether pluri-nomiiial or 
 uninominal, the candidates polling the greatest number 
 of votes, not exceeding the number of deputies to be 
 elected, are returned to the Chamber. The preference, 
 which is to be given in cases where the same person has 
 been elected in two divisions of a different character, is 
 determined as follows : (1) Election by a division takes 
 precedence over an election by accumulation; (2) An 
 election of a pluri- nominal division takes precedence over 
 an election by a uninominal division. 
 
 A deputy elected by two or more divisions of the 
 same nature must, in making his election, give the 
 preference to (1) that of his birthplace; (2) that of 
 his residence; (3) that in which he may have polled 
 highest; (4) that which may be chosen by lot. 
 
 In the case of an equality of votes among those 
 elected, either in the divisions or in the votes by accu- 
 mulation, the preference will be given (1) to him 
 who has been deputy the longer time ; (2) to the eldest ; 
 (3) to the one chosen by lot. 
 
 The seat of a deputy is vacated by resignation, or if 
 he has failed to take his seat on the fourth day of the 
 second session of the Parliament. It is the duty of the 
 Government to take the necessary steps for holding 
 a bye-election within 40 days after the vacancy has 
 
 * See page 116. 
 
120 CONSTITUTION OF 
 
 Portugal, occurred. If the vacancy should occur in the pluri- 
 nominal divisions, and in consequence of the resignation 
 of a deputy of the minority, the candidate who polled the 
 next highest in the same division, if the polling was 
 not less than 500 votes, is called upon to fill the place ; 
 but if the vacancy is caused by the resignation of a 
 deputy of the majority, or if no candidate has polled 
 the required number, or if the vacancy is in an uni- 
 nominal division, a new election must be held. 
 
 Should a vacancy occur among the deputies elected 
 by accumulation, it will be filled up by the candidate who 
 polled the next highest number of votes, provided that 
 it was not less than 5,000. 
 
 Electoral Electors must have an income of 100,000 reis (about 
 
 Qualified- 
 
 tious 22 4s.), be at least 21 years of age, and be able to 
 
 read and write. * Persons desirous of voting under this 
 educational franchise have to make their application for 
 registration in writing to the proper authority by the 
 14th February, such application to be certified by a 
 notary. Should any doubt be cast upon the bond fide 
 nature of a voter's educational capacity, he can be 
 called upon to appear within three days before the 
 registering committee to prove his capability. The law 
 of 1878 also extended the franchise to the heads of 
 families, considering as such any man who for the space 
 of more than one year has lived under the same roof 
 with a relation, such as a wife, uncle, brother, nephew, 
 &c., and has supported that person. 
 
 In order to make up the amount required for the 
 property qualification of an elector, all direct and State 
 
 * Carta Constitutional da Monarclria, Art. 13, &c. Reports respect- 
 ing the practice and regulations of Legislative Assemblies in Foreign 
 Countries. Miscellaneous, Xo. 1 (1881), page 13. 
 
PARLIAMENT. 121 
 
 taxes, and all district, municipal and parochial charges Portugal, 
 paid by him, are taken into account.* 
 
 The kingdom is divided into 100 electoral districts Electoral 
 
 districts. 
 
 (circulos) y exclusive of 12 in the colonies, which do not 
 correspond with the local administrative divisions such 
 as the district, the " concelho " or municipality, and the 
 parish. 
 
 Each municipality has to form a revising committee 
 of seven persons, whose duty it is to draw up complete 
 lists of those who are qualified to vote or become candi- 
 dates. They are also required to divide the districts into Division of 
 
 district. 
 
 assemblies for voting purposes, to preside in the electoral 
 boards of these assemblies, and to receive, verify, and 
 transmit to the Government the result of the elections. 
 The elections are always held on a Sunday, fixed by the 
 Government ; and on the previous Sunday notices are 
 issued by the committees, convoking the assemblies. 
 
 The assembly, consisting of all the voters, meets at Meeting of 
 
 D election 
 
 9 a.m., and proceeds to elect two secretaries, two *aenuy. 
 "escrutinadores " and two others to take their places if 
 required, provision being made for the representation of 
 the minority. These constitute the electoral board under 
 the presidency of one of the members of the revising 
 committee ; and, their names having being duly posted 
 outside the church, within which the election takes place, 
 proceedings are opened, and as each voter gives in his Mode of 
 voting paper, folded and on colourless paper, his right 
 to vote is ascertained by reference to the lists, which 
 the committee must supply at least two days before, 
 and the voting paper is then deposited in the urn by 
 the President. 
 
 * Reports respecting the Qualifications for the Parliamentary 
 Franchise in Foreign Cnumrip>. Miscellanoons. Xo. 1 (1883), page 1-4. 
 
122 CONSTITUTION OP 
 
 Portugal. If the voting or the scrutiny has not been completed 
 ment m ~ ^7 sunset on the first day, the voting lists are initialled 
 and locked tip until the next morning at nine o'clock, 
 when the electoral proceedings are continued. 
 
 When no more voters present themselves, the roll of 
 the absent electors is called, and after two hours, unless 
 any more votes are handed in, the poll is closed. The 
 votes are then counted, and the result publicly an- 
 nounced; and the list, together with the proces-verbal 
 of the election, transmitted, duly signed and certified, to 
 the revising committee. 
 
 Any elector is permitted to present a written protest, 
 which must be forwarded, with the minutes of pro- 
 ceedings, direct to the revising committee, 
 verification An assembly <c de assuramento " is then convoked in 
 
 of returns. 
 
 the chief town of the electoral circle, and the correctness 
 of the returns having been verified in its committees, 
 these returns, together with copies of all the proceed- 
 ings, are forwarded to the Ministry of the Interior for 
 presentation to the Chamber of Deputies. 
 Election by Immediately after the conclusion of the election, for 
 
 accumula- 
 
 tion - the purpose of settling who are entitled to take their 
 
 seats in the Chamber of Deputies by accumulation of 
 votes, a list of all the votes received by the unsuccessful 
 candidates is drawn up for the use of the Chamber of 
 Deputies, and from this list are taken the names of the six 
 candidates who have polled the highest number of votes 
 above 5,000, and are accordingly proclaimed deputies. 
 
 Ministers of State are ineligible for election in this 
 manner, but any unsuccessful candidate, within a period 
 of eight days, may contest the validity of the proceed- 
 ings by application to the Chamber of Deputies. 
 
 Bight of To guard against any abuse on the part of the re- 
 
 appeal. ... 
 
 vising committee, any elector has a right of appeal to 
 
PARLIAMENT. 123 
 
 the courts of justice. Actions can also be brought by Portugal. 
 private persons against Government officials for any 
 
 dereliction of duty without the previous consent of the Government 
 
 officials. 
 
 Government, and in case of the conviction of an official, 
 the penalty attached to the offence is doubled. 
 
 The following are some of the penalties which are 
 prescribed by the electoral law : 
 
 Any person who is concerned in tampering with the Penalties. 
 
 Tampering 
 
 lists, ballot boxes, or returns, is liable to imprisonment tn lists, 
 for a term of from two to five years, together with a 
 a fine of from 20 to 200. 
 
 Coercion is punishable with imprisonment for three Coercion, 
 months up to three years, with 10 to 200 fine. 
 
 Any official who prevents an elector from voting is intimidation, 
 liable to imprisonment for from six months to three years. 
 
 All troops are confined to barracks during an elec- Confinement 
 
 of troops. 
 
 tion, and the commanding officer is subject to very 
 heavy penalties if his men are allowed to appear in the 
 neighbourhood of any electoral assembly. 
 
 Xot withstanding the number of penalties which have 
 been decreed for almost every case, it is remarkable that 
 no punishment is prescribed for treating, bribery, or 
 corruption. Portuguese legislation has been directed 
 against the preponderating influence of the Government 
 upon the elections, while in England the object has 
 been to restrict lavish expenditure on the part of the 
 candidate. 
 
 With respect to expenses at elections, all those which Election 
 are legitimate are defrayed by the municipality. In now 
 cases where a candidate fails to get an absolute majority, 
 a second election takes place, when the candidate is 
 elected who obtains a relative majority.* 
 
 " Miscellaneous, Xo. 7 (1881), (Electoral Contests), page 23. 
 
124 CONSTITUTION OP 
 
 Portugal. Ifj after a lapse of four years since the modifica- 
 
 orconaara- tion of the Constitution, a new alteration is considered 
 
 advisable, the proposal must be made in writing. The 
 
 proposition must be submitted first to the Chamber of 
 
 Deputies, and be supported by a third of the members. 
 
 It must be read three times, with an interval of six 
 days between each reading, and, after the third, the 
 Chamber of Deputies will consider if it will take the 
 matter into consideration in conformity with the rules 
 relating to the passing of laws. If the matter is taken 
 into consideration, and if the necessity of modifying an 
 article of the Constitution is admitted, a law will be 
 passed, in the usual manner, enjoining the electors of 
 the deputies for the next legislature to confer a special 
 mandate on them for the amendment, or the proposed 
 reform. 
 
 In the first session of the following legislature, the 
 question will be considered, and, if the change or addition 
 to the fundamental law is adopted, the amendment 
 will be added to the Constitution and solemnly promul- 
 gated. 
 
 SPAIN. 
 
 The existing Spanish Constitution, which was pro- 
 claimed on the 30th June, 1876, vested the legislative 
 power in the King and the Cortes, which consist of two 
 Houses, the Senate and the Congress of Deputies. 
 Executive The executive authority is in the hands of the Kins:, 
 
 authority of 
 
 Kin &- and a council of ministers, consisting of nine members, 
 who are responsible. No order of the King can be 
 carried out unless it has been countersigned by a minis- 
 ter, who by appending his signature assumes the re- 
 sponsibility of the act. 
 
PARLIAMENT. 125 
 
 The King sanctions and promulgates the laws. He Spain, 
 has the supreme command of the army and the navy, HIS powers. 
 and can declare war and make peace, subject to the 
 understanding that he must immediately furnish the 
 Cortes with all necessary explanations and documents. 
 In short, the Constitution confers on him the full 
 powers of a constitutional sovereign. 
 
 There are certain things, however, which he cannot xratten 
 
 which 
 
 do without the authority of a special law, viz.: He can- 
 not cede or exchange any portion of the Spanish terri- 
 tory, or incorporate a foreign territory with Spain, or 
 admit foreign troops into the kingdom, or ratify treaties 
 of alliance or commerce, or abdicate the Crown in favour 
 of his successor. Before contracting marriage he must sanction of 
 inform the Cortes, and obtain their sanction, and the required for 
 
 King's 
 
 same rule holds good with regard to his immediate 
 successor. Xeither can he contract a marriage with any 
 person who is excluded by law from the succession to 
 the Crown. 
 
 The succession to the throne is according to the Royal 
 
 su.cc css ion 
 
 regular order of primogeniture in the family of Alphonso 
 XII. 
 
 When the sovereign is a woman the prince consort 
 cannot take any part in the government of the country. 
 
 If there is a failure of descendants the Cortes 
 elect a successor. 
 
 The King is a minor until he has attained the age of Minority of 
 16. During his minority, his father or mother, or, fail- 
 ing them, the nearest relation in succession to the Crown, 
 will be called upon to undertake the regency, and will 
 retain it until he conies of age. In order that the 
 nearest relation may become regent, he must be a 
 Spaniard, 20 years of age, and not be excluded from the 
 succession to the Crown. 
 
126 CONSTITUTION OF 
 
 Spain. The father or mother of the King cannot act as 
 
 regent if they have married again. 
 
 oatu taken The regent has to take the oath in the presence of the 
 Cortes, to be faithful to the King, and to respect the 
 Constitution and the laws. If the Cortes are not in 
 session, the regent must immediately convoke them, and 
 provisionally take the legal oath before the council 
 of ministers, promising to renew it before the Cortes as 
 soon as they shall be assembled. 
 
 council of If there is no one entitled to become regent, the 
 
 .Cortes will name one, three or five persons for the 
 appointment. 
 
 During the interval the Government will be provi- 
 sionally undertaken by the council of ministers. 
 
 incapacity When the Kino; is in a condition which prevents 
 
 of King. 
 
 him from carrying on the government, and the Cortes 
 have become aware of the fact, the regency will devolve, 
 as long as the King's incapacity lasts, on his eldest son 
 if he is of age, and, in default of him, on the royal 
 consort, and, failing her, on the persons called to the 
 regency. The regent or the council of regency, as the 
 case may be, will exercise full royal authority, and will 
 publish the acts of the Government in his name. 
 Appointment The guardian of the infant King will be the person 
 
 of guardian. 
 
 designated by the late King in his will, provided that 
 he is a Spaniard by birth. If no guardian has been 
 named, the guardian will be the father or the mother so 
 long as their widowhood lasts. Failing them, the Cortes 
 will make an appointment, it being understood that, 
 except in the persons of the father or mother of the King, 
 the functions of regent and guardian of the King are 
 not to be united. 
 
 The senate, The Senate is divided into three classes (1) Those 
 tion. who are senators in their own right (por derecho propio) 
 
PARLIAMENT. 127 
 
 (2) life senators, nominated by the Crown ; (3) senators Spain, 
 elected by the corporations- of the State, and the larger 
 taxpayers,, according to the law. The number of senators 
 in the two first classes must not exceed 180, and the 
 same limit is prescribed for the third. 
 
 The Senate, therefore, consists of 360 members, one- 
 fourth being taken from the first class, another fourth 
 from the second class, and the remaining half from the 
 third class. 
 
 The following are senators in their own right, viz. : 
 The sons of the King, and his immediate successor to 
 the Crown, who have attained their majority ; grandees 
 of Spain in their own right, who are not subjects of a 
 foreign power, and have an annual income of 60,000 
 pesetas or 2,400 from landed property, or privileges 
 which enjoy the same legal consideration ; captains- 
 general of the army, and the Admiral of the Fleet ; the 
 Patriarch of the Indies, and the archbishops ; the Presi- 
 dents of the Council of State, of the Supreme Tribunal, 
 of the Tribunal of the Accounts of the Kealm, and of 
 the Councils of War and the Navy, after two years of 
 office. 
 
 By the Constitution, it is provided that only those Qualifies- \ 
 / Spaniards can be nominated by the King, or elected by 
 the corporations and larger taxpayers, who either belong 
 or have belonged to one of 12 classes, which are 
 enumerated at length. For example, we find in the 
 first class the President of the Senate or of the Congress 
 of Deputies; then follow deputies who have belonged to 
 three different congresses, or who have sat in Parliament 
 during eight sessions ; ministers of the Crown, bishops, 
 grandees of Spain ; lieutenant-generals of the army and 
 vice-admirals of the navy two years after they have 
 attained the rank ; ambassadors and ministers pleni- 
 
 tions. 
 
128 CONSTITUTION OF 
 
 Spain. potantiaiy after two and four years of active service 
 respectively; councillors of State and members of certain 
 supreme tribunals ; presidents and directors of the royal 
 academies, and many others too numerous to mention. 
 All these must have, in addition to the above qualifica- 
 tions, an income or salary of 7,500 pesetas, or 300. In 
 addition to the above, those persons are eligible who 
 have enjoyed an annual income for two years of 20,000 
 pesetas, or 800, or have paid 4,000 pesetas in taxes, 
 provided that they are possessed of a title or have been 
 deputies of the Cortes, provincial deputies or mayors in 
 the capital of a province, or in a town of more than 
 20,000 inhabitants. Lastly, any person who has served 
 as a senator before the promulgation of the present Con- 
 stitution is considered to be qualified for a seat, but 
 these conditions can at any time be altered by law. 
 
 The elected senators arc renewed by one-half every 
 live years, and wholly when the King dissolves this part 
 of the Senate. 
 
 Besides the above qualifications, it is necessary, in 
 order to sit in the Senate, to be a Spaniard, to be 
 35 years of age, as well as to be in the enjoyment of full 
 political rights, and in a solvent condition. 
 
 The con- The Congress of Deputies is composed of those who 
 
 Deputies, its are named by the Electoral Juntas in the manner deter- 
 
 coraposition. 
 
 mined by law. The present number of deputies is 440. 
 This number is susceptible of variation according to the 
 periodical census returns, the Constitution providing for 
 one representative at least for every 50,000 of the popu- 
 lation. 
 
 political The lower House is at the present time (1889) 
 
 approximately divided into parties, as follows : 3 1 3 
 Liberals, supporters of the present Ministry, of which 
 Don Praxedes Mateo Sagasta is the head; 72 Conserva- 
 
PARLIAMENT. 129 
 
 tives ; 10 Monarchical Left; 14 Reformers; 19 Repub- Spain, 
 licans; 10 Republicans, styled Possibilists, pledged to 
 confine themselves to strictly constitutional means to 
 attain their object; and 2 Carlists. 
 
 The majority for the present Government in the 
 Senate inny be put at about 100. But it must be borne 
 in mind' that the cohesion of these various parties, espe- 
 cially of the ministerial one, is not of the strongest; 
 personal motives and matters of administrative detail 
 may give rise to secessions from one party and 
 adhesions to another, and as at the present moment, a 
 section of the Government followers may be in disaccord 
 with the Prime Minister, whilst other groups may com- 
 bine ou certain questions on which they unite in hostility 
 to the Government. 
 
 The deputies are elected for five years, and are Qualifica- 
 tions of 
 capable of being re-elected. In order to be eligible for <iputied. 
 
 election, it is necessary to be a Spaniard, and of suffi- 
 cient property, as well as to be of age, and in the 
 enjoyment of civil rights. 
 
 Only persons inscribed as electors in the lists of Electoral 
 electors of deputies in force at the time of an election tion. 
 have a right to vote. 
 
 Spaniards of 25 years of age, paying, in or out of 
 the district where they are domiciled, 25 pesetas land 
 tax per annum, or 50 pesetas industrial tax per annum, 
 have a right to be inscribed in the lists of electors of the 
 district where they are domiciled. 
 
 The land tax must have been paid at least for one 
 year, and the industrial tax for two. 
 
 The following rules are applicable to persons claim- 
 ing electoral rights : 
 
 Wife's property is considered as belonging to the 
 husband whilst the conjugal union subsists. 
 
 K 
 
130 CONSTITUTION OP 
 
 Spain, A child's property is considered as belonging to 
 
 the father whilst the latter legally administers such 
 property. 
 
 Property in which the mother has a life interest shall 
 be considered as belonging to the children. 
 
 Taxes paid by companies which are not limited, 
 are reckoned to each partner in proportion to his 
 interest. 
 
 In every lease, two-thirds of the taxes are reckoned 
 to the owner, and one-third to the tenant or tenants. 
 
 The following also have a right to be included in the 
 lists of electors if of 25 years of age : 
 
 Members of the Royal Spanish Academy, of the 
 Royal Academy of History, of the Academies of Art of 
 San Fernando, of Natural Sciences, of Moral and 
 Political Sciences, and of Medicines, members of 
 Chapters, incumbents of parishes, curates and adjuncts. 
 
 Persons employed in public offices, in the Royal 
 household, and in provincial and municipal offices, pro- 
 vided they enjoy at least 2,000 pesetas annual salary. 
 All retired and pensioned civil servants, whatever their 
 pension may be, and all retired heads of depart- 
 ments in Government offices, even if they receive no 
 pension. 
 
 Generals of the army and navy out of employment, 
 retired military and naval officers having pensions as 
 such, or for having obtained the Cross of San Fernando, 
 though they be common soldiers. 
 
 Persons who reside two years at least in a municipal 
 district, and prove their professional or academical 
 capacity by showing an official title. 
 
 Painters and sculptors who have obtained first or 
 second prizes at national or international exhibitions. 
 
 Reporters, secretaries, and notaries of the supreme 
 
PARLIAMENT. 131 
 
 or higher Courts, and solicitors and notaries of inferior Spain, 
 Courts who have resided two years at least in a muni- 
 cipal district. 
 
 Professors and masters of every class who are paid 
 out of public funds, or have a professional title. 
 
 The following are disqualified for being electors : 
 
 Persons sentenced by a competent Court to be per- 
 manently incapacitated from exercising political or public 
 charges, though they may have been pardoned, unless 
 reinstated in their rights by a special law before the 
 election takes place. 
 
 Persons condemned to corporal punishment, unless 
 reinstated in their rights at least two years before 
 the election takes place. Persons under any sentence 
 whatsoever, who do not prove that such sentence has 
 been completed. 
 
 Persons under civil interdiction through physical or 
 moral causes, or by reason of a penal sentence. 
 
 Defaulters and bankrupts not rehabilitated, and who 
 do not prove that they have fulfilled all their engage- 
 ments. 
 
 Debtors to public funds.* 
 
 Deputies who receive any pension or honours from 
 the Crown vacate their seats, but this rule does not 
 apply to such as have been appointed members of the 
 Government. 
 
 The Cortes re-assemble every year in September or Meeting ot 
 October. Each House meets daily, except on holidays, 
 and sits for four hours, the hour of meeting being fixed 
 by the President. To the King belongs the power of 
 convoking the Houses, of adjourning and proroguing 
 
 * Reports respecting the Qualifications for the Parliamentary 
 Franchise in Foreign Countries. Miscellaneous, Xo. 1 (1883). 
 
 K 2 
 
132 CONSTITUTION OF 
 
 Spain. their sittings, and of dissolving simultaneously or 
 separately the elective part of the Senate and the 
 Congress of Deputies, with the obligation in this case of 
 calling Parliament together within three months. 
 
 The Cortes must be especially summoned to meet in 
 the case of the vacancy of the Crown, or if the King 
 becomes in any way incapable of governing. 
 
 officers of The Congress of Deputies nominates its own Presi- 
 
 the Houses. 
 
 dent, Vice - President, and Secretaries ; whilst the 
 President and Vice- President of the Senate are selected 
 from among the senators for each session by the King, 
 the Secretaries being elected by the Senate itself. 
 Powers and Neither House can be convoked without the other, 
 
 procedure. if 
 
 and they cannot deliberate together, except in the pre- 
 sence of the King. 
 
 The King and each of the Chambers has the right of 
 proposing new laws, but the laws relating to charges on 
 the people, and to the public credit, must be presented 
 first to the Congress of Deputies. 
 
 Eesolutions in each of the Houses are taken by a 
 plurality of votes, but for passing laws the presence of 
 an absolute majority of the House is necessary. 
 BUI rejected In the event of a bill being thrown out by one of the 
 
 or vetoed, 
 
 Chambers, or vetoed by the King, it cannot be again 
 proposed in the same session. 
 
 Privileges of Freedom of speech is guaranteed to the members of 
 both Houses, and no senator or deputy can be arrested 
 without the consent of the Chamber to which he belongs, 
 except during the vacation, or unless he is taken in the 
 actual commission of a crime. In either case a report 
 must be made, as soon as possible, to the Chamber of 
 which he is a member, in order that it may give its 
 decision in the matter. 
 
 The Supreme Court will take cognizance of crimes 
 
PARLIAMENT. 138 
 
 imputed to senators and deputies in the manner pre- Spain. 
 scribed by law. 
 
 A minister can be a senator or a deputy, and can Ministers. 
 take part in the debates of both legislative bodies, but 
 can only vote in the one to which he belongs.* 
 
 No provision appears to be made in the constitution 
 for its revision. 
 
 The mode of voting in a Spanish election is by^eof 
 ballot, and the deputies are elected by a simple relative 
 majority of the electors of the several districts. Every 
 precaution is taken to prevent a double election and 
 ballotage. 
 
 In the event of two candidates obtaining the same Double 
 
 , ~, , election. 
 
 number of votes, the question is referred to the Cortes, 
 which decides it in accordance with the electoral law. 
 A second election, therefore, rarely takes place. 
 
 Every election of deputies to the Cortes is required Day of 
 
 election. 
 
 to take place on a Sunday. Notice by advertisement ^ 
 
 must be given, at least 10 days before the day fixed for 
 the election, by the municipality of the chief town of 
 each section. 
 
 The alcalde of the municipality, assisted by a The poll. 
 number of assessors, who are named directly by the 
 electors, presides at the poll, which remains open from 
 8 o'clock in the morning until 4 o'clock in the evening, 
 when the counting of the votes is proceeded with. If 
 through any public cause the vote cannot be taken in a 
 section on the day named, it is taken three days after- 
 wards, 24 hours' notice being given in the various 
 localities of the section. 
 
 The voting is secret, and takes place in the follow- Mode of 
 
 voting. 
 
 * Constitncion cle la Monarqnia Espanola (promulgada en 30 de Junio, 
 de!876). 
 
134 CONSTITUTION OP 
 
 Spain, ing manner. The elector enters the bureau, and having 
 given his name hands to the president a white voting 
 paper, folded in two, with the name of the candidate 
 written or printed on it for whom he wishes to vote. 
 The president then places the voting paper in the ballot 
 box (having first satisfied himself that the name of the 
 voter is on the electoral list), declaring at the same 
 time in a loud voice, " So and so " (giving the name 
 of the elector) " votes." A list in duplicate of those 
 who vote is kept by the assessors. If there is any 
 doubt as to the identity of the voter, the matter is 
 postponed for consideration until the end of the pro- 
 ceedings, when the bureau will give its decision. 
 
 ciose of poii. At the close of the poll, a few minutes after 4 
 o'clock, the counting is commenced by the president, 
 who reads out the voting papers, drawing them out one 
 by one ; the assessors comparing the number called out 
 with that of the electors inscribed on the numbered 
 lists. 
 
 Number of Constituencies, as a general rule, are districts re turn- 
 members for . . 
 districts. mg one member each, and in this case each elector can 
 
 only write on his ballot paper the name of one can- 
 date ; but there are 26 exceptions, viz., 22 districts return- 
 ing three members each ; one returning four members ; 
 two returning five members each, and one returning 
 Distribution eight members. In a district represented by three 
 members, each voter can only vote for two candidates ; 
 in one having four or five members, a voter can only 
 give his suffrage for three ; in one having six or seven 
 members, an elector would vote for only four or five 
 respectively ; while in an eight-member district a con- 
 stituent may record his vote for six candidates. 
 
 If a voting paper contains more names than an elector 
 has the right to insert in it, his vote will only count for 
 
PARLIAMENT. 135 
 
 the legal number following the order in which they are Spain, 
 written; if the order cannot be determined, his paper 
 will be null and void. 
 
 The Congress of Deputies, in virtue of the powers Powers of 
 
 the Congress. 
 
 conferred on it by Article 34 of the Constitution, 
 examines and pronounces on the legality of the elections, 
 and admits as deputies all those who have been legally 
 elected and fulfil the required conditions. 
 
 They also admit and proclaim as deputies such Election by 
 
 accumula- 
 
 candidates, not exceeding 10 in number, who shall tion of vote - 
 have obtained at a general election more than 10,000 
 votes. The latter right is subject to the following 
 conditions : 
 
 (1.) Nobody can claim it who has held any Crown 
 
 appointment, including that of minister, from 
 
 the day of the convocation to that of the 
 
 election, inclusive. 
 
 (2.) It cannot be claimed in districts which elect 
 
 three deputies or more, or at a bye-election. 
 (3.) The claim must be made within 30 days of the 
 
 definitive constitution of the Congress. 
 (4.) The Congress must previously have approved 
 the minutes of proceedings and the result of 
 the poll. 
 
 (5.) Only those 10, who have obtained the highest 
 number of votes of those who claim the right, 
 can be admitted. 
 In the case of a bye -election, the Congress alone Bye- 
 
 J elections. 
 
 can take steps towards filling up a vacancy, and in a 
 three-membered constituency no vacancy occurs unless 
 two of the seats are vacant. In these cases no elector 
 can vote for more than one deputy, if there are two to 
 be elected, and if there are more, the rules under 
 Article 84 will be observed. 
 
136 CONSTITUTION OF 
 
 Spain. When . the votes at an election are equally divided, 
 
 are equal, the result is decided by lot, in the presence of the 
 Congress, but if this double return occurs in a con- 
 stituency which only elects one member, the election 
 will be declared null and void and the seat vacant. 
 Double Any person who has been elected for more than one 
 
 return. 
 
 constituency, must elect for which he will sit within eight 
 days of the approval of the election, if he has already 
 taken his seat, and if not, then within 30 days. 
 Period Deputies who have been declared to be elected in the 
 
 within which 
 
 be a taken. st election committees of their respective districts, must 
 present their certificates of election at the office of the 
 Secretary of the Congress before the end of the first 
 month of the sittings of the second session of the 
 Cortes to which they have been nominated, if the election 
 has been general; and if it has been partial, before the 
 end of the session which immediately follows their 
 election.* 
 
 Electoral Electoral expenses, that is to say, those incurred by 
 
 expenses. J 3 * 
 
 the constitution of the electoral colleges and the electoral 
 lists, are defrayed out of the municipal funds. The 
 expenses of agents and others, incurred in connection 
 with objections to voters and in the rectification of the 
 electoral lists, are borne by the candidate. In these 
 cases the tribunals act gratuitously, and no portion of 
 the incidental expenditure is defrayed by the national 
 funds. 
 
 Expenses of With regard to the incidental expenses of candidates, 
 they have lately amounted to as much as 2,000, this 
 sum being spent, more or less, in bribery, notwithstanding 
 the provisions of the electoral law. Formerly the 
 ordinary expenses of an election amounted to about 
 
 * Spanish Electoral Lnw, 1878. 
 
PARLIAMENT. 137 
 
 200, spent chiefly in bringing the electors to the poll Spain, 
 and furnishing refreshments. 
 
 The extension of the franchise has considerably in- 
 creased the incidental expenses of candidates, and has 
 tended to promote corrupt practices. The kind of cor- 
 ruption, however, which prevails in the electoral system 
 is that which results from administrative centralization, 
 and the means thus afforded to the Government of 
 exercising undue influence. Even the secret vote by 
 ballot does not secure the independence of the elector 
 who votes under such circumstances. Administrative 
 centralization has also produced a system of proposing 
 Government candidates to the constituencies, whom, as 
 may be imagined, these bodies are easily induced to accept. 
 
 The following are some of the penalties which the Penalties for 
 
 corrupt 
 
 law prescribes for the prevention of corrupt practices : practices. 
 
 Every alteration or omission intentionally made in 
 the books, registers, acts, certificates, depositions, or 
 documents of any kind which appertain to the exercise 
 of the franchise, and having for its object to impede its 
 working, and to alter or confuse its real result, con- 
 stitutes electoral fraud, and is punishable by imprison- 
 ment of from seven to twelve years, and a fine of from 
 4 to 200. 
 
 The same penalty also attaches : 
 (1.) To all functionaries or others who, in order to Penalties 
 
 incurred by 
 
 confer or suppress the franchise, alter the oniciaL} - 
 electoral list, the roll of the census and its 
 modifications, or certify inaccurately as regards 
 the property, title or qualifications upon which 
 the right or denial of the franchise depends ; 
 and to those persons interested, or their repre- 
 sentatives, who, for the same purpose, knowingly 
 falsify their acts, petitions and declarations. 
 
138 CONSTITUTION OP 
 
 (2.) To the supervising officers, who, having notice 
 to mark the changes in the census roll of their 
 districts, intentionally fail to do so. 
 
 (3.) To clerks or other persons on the commission 
 of inspection for the census, who do not publish 
 in time the notices fixing the locality in which 
 the election is to be held, or who maliciously 
 designate it wrongly, and also to the follow- 
 ing : 
 
 (4.) Those persons who tamper with signatures and 
 seals, or attest any modifications in the declara- 
 tions of controllers. 
 
 (5.) Presiding officers who maliciously omit to send 
 to the Secretary of the Cortes and the sections, 
 the acts constituting the electoral colleges and 
 the scrutiny, or who maliciously alter the days 
 and hours of the election, cr who in any way 
 lead the electors into error respecting them. 
 
 (6.) Those who illegally appropriate votes in favour 
 of a candidate, or who deprive him of them, or 
 who directly or indirectly violate the secrecy of 
 election with the view to influence its result. 
 
 (7.) Presiding officers who change or alter the 
 voting paper, which the elector places in their 
 hands, or who maliciously commit an error in 
 the annotation of the lists of the electors who 
 poll, and those who also maliciously raise 
 doubts as to the identity or the rights of an 
 elector, and thus impede him in the exercise of 
 his franchise. 
 
 (8.) Presiding officers who, in extracting the voting 
 papers from the ballot-box and counting them, 
 commit any intentional inaccuracy with the 
 view of affecting the result of the election. 
 
PARLIAMENT. 139 
 
 (9.) Those who, being voters, vote twice or of tener, Spain, 
 either under another name or by any fraudulent 
 means. 
 
 The offence of electoral intimidation is punishable by intimidation, 
 three years' imprisonment and a fine of from 4 to 200, 
 with temporary disqualification. 
 
 The following commit an act of electoral intimida- 
 tion, although the intention to exercise pressure on the 
 electors does not appear : 
 
 (1.) Civil, military, or ecclesiastical authorities who 
 use their influence with those electors who are 
 personally dependent on them, in order to 
 prevent them from giving their votes to a 
 particular candidate, or who recommend them 
 to abstain from voting for him; and those 
 who, making use of the means at the disposal 
 of official agents, and assuming their authority 
 by the employment of stamped paper, seals, or 
 official memoranda, recommend or reject any 
 candidate. 
 
 (2.) Public officers who make use of an accusation on 
 the part of the Government for claiming fines, 
 arrears of accounts, &c., from the convocation 
 of the electoral college to the termination of 
 the election. 
 
 (3.) Functionaries, not excepting ministers of the 
 Crown, who appoint, remove, change or sus- 
 pend servants, agents, or dependants of any 
 branch of the administration, whether of the 
 State, the province, or the municipality, during 
 the period intervening between the convocation 
 of the electoral college and the termination of 
 the election, always supposing that such acts 
 are not legitimate, and that they affect in some 
 
140 CONSTITUTION OF 
 
 Spain. way or other the section, college district, arron- 
 
 dissement, or province in which the election is 
 held. The order which effects any removal, 
 change or suspension must state the cause 
 precisely, and should this formality be omitted, 
 the order will be held to have been made 
 unjustifiably. 
 
 Dispositions relative to the civil governors of provinces 
 
 and to military chiefs are exempted from this requirement. 
 
 (4.) Those who employ a person reputed a criminal, 
 
 and through him canvass for votes ; as well as 
 
 the person employed in such transactions. 
 
 (5.) Those who endeavour to obtain votes by bribery ; 
 
 electors who receive money, gifts, or any sort 
 
 of remuneration; and those who directly or 
 
 indirectly promote drunkenness on the days of 
 
 the election. 
 
 (6.) Public officers who, on the day of the election, 
 evict any voter from his home or keep him out 
 of it against his will, even on the ground of 
 public service, or impede him in any other way 
 in the exercise of his electoral rights. 
 (7.) He who detains another, depriving him of his 
 liberty on the day of the election or on the day 
 on which electoral proceedings are in progress. 
 (8.) Those who disturb public order by shouting or 
 impeding circulation, under any pretext, within 
 the electoral college or at a distance of 500 
 metres therefrom. 
 
 Every default in the fulfilment of the obligations and 
 formalities which the law prescribes for public function- 
 aries or presiding officers, &c., which does not come 
 under the head of the above-mentioned offences, is 
 punishable by arrest and a fine of from 2 to 200. 
 
PARLIAMENT. 141 
 
 The following persons also commit an offence Spain, 
 against the exercise of the electoral franchise : 
 
 (1.) Those who decline to furnish candidates or 
 electors with the correct number of votes to 
 each section or college, or with the result of the 
 scrutiny, or who fail to do so within four and 
 twenty hours. 
 
 (2.) Presiding officers who, after accepting the 
 duties thereof, abandon them or refuse to sign 
 the acts and decisions of the majority. 
 
 (3.) Those who refuse to admit appeals and protests, 
 or who object to insert in the Act unsettled 
 points, reclamations and well-grounded pro- 
 tests, made either verbally or in writing. 
 
 (4.) Those who enter an electoral college with arms 
 sticks, even though they may be soldiers. In 
 every such case they are expelled, and lose the 
 right of voting in that election. 
 
 (5.) Any person who, not being an elector, enters 
 an electoral college and does not leave it when 
 ordered so to do by the presiding officer.* 
 The law will be found to resemble in many respects 
 that of the United States.f 
 
 SWEDEN. J 
 Parliamentary Government, as we now find it in constitution 
 
 of Diet 
 . before 1866. 
 
 * Parliamentary Paper. Miscellaneous, No. 7 (1881), (Electoral 
 Contests). 
 
 t Revised Statutes of the United States, 2nd Ed., 1878. Sections 
 under Title XXVI., " Elective Franchise," and Title LXX., sections 
 under chapter VII. 
 
 I Grand Dictionnaire Uuiversel du XIX. Siecle, Vol. XIV., 1207. 
 American Cyclopaedia, Vol. XV., 506. 
 
142 CONSTITUTION OP 
 
 Sweden. Sweden, has only existed in its present state for about 
 24 years, as it was not till 1866 that the Legislature 
 assumed its present aspect. 
 
 Previous to that year, the legislative power was exer- 
 cised by the States General of the kingdom, subject to 
 the King's power of veto. The constitution of this body 
 was peculiar, and unlike that of any other representative 
 assembly. It consisted of four orders, viz., the nobles, 
 the clergy, the burgesses, and the peasants. 
 
 The four The first order was formed of all the heads of the 
 
 noble Swedish families, their number being about 1,100. 
 Each of the three other orders elected representatives 
 from its own body. The clergy were represented by 
 deputies, about 70 in number, from the 12 bishoprics 
 and the different universities, those of the burgesses and 
 peasantry being 800 and 259 respectively. With the 
 exception of the latter class none of the representatives 
 received any payment for their services. 
 
 Nomination The President of the Diet was nominated by the 
 
 of President. 
 
 King, as were also the speakers ot the orders or the 
 burgesses and peasants, whilst the clergy were presided 
 over by the archbishop as a matter of right. 
 
 Committees. Immediately upon the assembling of the Diet, the 
 States formed themselves into six committees, who con- 
 sidered and prepared reports upon any new laws or 
 questions relating to the government of the country. 
 
 Deliberation When all these matters had been fully considered by 
 the committees, each of the four orders deliberated 
 separately upon them, and gave its decision by a simple 
 majority. The four different decisions were then ex- 
 amined at a general sitting of the whole Diet, and a 
 definitive resolution was come to by a vote, in which 
 each order counted as one. If the numbers were equal 
 on both sides, the four orders elected a committee, which, 
 
PARLIAMENT. 143 
 
 by a majority of votes, decided the question referred Sweden, 
 to it. 
 
 On all constitutional questions the consent of the Consent of 
 
 orders 
 
 four orders and of the King was necessary, but the JJJJJJJ'^J 
 decision required to be confirmed by the next Diet which Parliament 
 
 J formerly 
 
 was elected within a period of three years. Previous to 
 the year 1843 the Parliament was elected every five years. 
 
 In 1866 the Parliamentary Constitution was altered 
 in a most important manner by the suppression of the 
 representation by orders.* Since that time the Swedish 
 Diet has been composed of two representative Chambers 
 of equal authority. 
 
 Whilst the Eiksdag, which represents the Swedish 
 people, is the legislative authority, the executive power, 
 under certain limitations, is in the hands of the King.f 
 
 His powers are those of a constitutional sovereign, Powers of 
 but they are limited to some extent, in that he is 
 required, on many occasions, to seek the advice of the 
 Council of State. 
 
 This Council is composed of 10 members, one of council of 
 
 State. 
 
 whom is designated by the King as Minister of State, 
 and first member of the Council of State. Seven of the 
 members are at the head of each of the following depart- f f e s p t *t e ments 
 ments, viz., Foreign affairs; Justice; War; Marine; 
 
 * In accordance with Article 114 (1866) of the Constitution, the 
 privileges, prerogatives, rights and liberties of the ancient orders of the 
 kingdom -will remain in force, unless they belong indissolubly to the 
 right of representation which formerly appertained to the orders and 
 have disappeared with that right. They cannot be modified or 
 abolished, except by the joint decision of the King and the Riksdag, and 
 if the privileges, prerogatives, rights and liberties of the nobles or 
 clergy are effected, by the consent of the order of nobles in the first 
 case, and of the General Synod in the second. 
 
 t Unlike the Constitution of many countries, in Sweden and Norway 
 the King is not declared to be part of the Legislature. 
 
144 CONSTITUTION OF 
 
 Sweden. Home; Finance; and Ecclesiastical affairs; of tne three 
 councillors without departments, two at least are required 
 to devote themselves to civil business. 
 
 All business, with certain exceptions, has to be 
 brought before the King and the Council, and the King 
 can come to no decision upon matters on which the 
 Council of State ought to be heard, except in the pre- 
 sence of at least three of the councillors, besides the 
 minister specially interested. A minute of the proceed- 
 ings is kept, and each member is required to give his 
 opinion, which is recorded. The questions which are 
 brought before them are those which relate to the adop- 
 tion of new laws, or the repeal and amendment of those 
 in force, and matters which relate to the different 
 
 Foreign branches of the administration. Questions relating to 
 foreign affairs must be considered by the King in the 
 presence of the minister of that department, and one 
 other member of the Council, and may be referred by 
 him afterwards to the Council of State. He is also re- 
 quired, before the declaration of a war or the conclusion 
 of peace, to lay the facts and circumstances of each case 
 before the Council, and, after having heard their opinion, 
 to do as he thinks best for the good of the State. The 
 King is commander-in -chief of the land and sea forces. 
 He is the head of the supreme court, which consists of 
 from 12 to 18 members, and if he chooses to be present 
 at any of these sittings he has two votes. When matters 
 relating to justice are brought before the Council of 
 State, two councillors of justice, besides the minister of 
 justice and two of the members of its Council, are 
 required to be in attendance. He has the right of par- 
 don, and the appointment to all offices, whether eccle- 
 siastical or civil. 
 
 nobSt f The King can confer a title of nobility on any person 
 
PARLIAMENT. 145 
 
 who shall have particularly merited the distinction, and Sweden, 
 at the same time, as a reward for great and eminent 
 services, can confer on nobles the rank of baron, and on 
 barons the rank of count, the title descending to the 
 eldest male descendant of the recipient. 
 
 In the event of the King wishing to travel abroad. Absence of 
 
 the King. 
 
 he must first bring the matter under the notice of the 
 Council of State, and then if he carries out his intention 
 the government of the country will devolve in his 
 absence on the heir presumptive to the throne, if he is 
 of proper age, as Eegent. He will exercise all the Powers of 
 
 Regent. 
 
 powers of sovereignty, with the exception that he will 
 not be able to confer any title of nobility, and all his 
 appointments will be merely of a temporary nature. 
 Should there be no heir presumptive, or should he from 
 some serious cause be unable to assume the Government, 
 the Council of State will govern with the same powers 
 as a Eegent. The same course is pursued if the King 
 should fall ill and become incapable of governing. 
 
 Should the King remain absent more than a year the 
 Regent or the Council of State, as the case may be, will 
 assemble the Riksdag by official notice, such notice 
 being published in all the churches of the capital, and 
 as quickly as possible in other parts of the kingdom, 
 within 15 days of the above-mentioned period. If the 
 King on being informed still does not return, the 
 Riksdag will take such steps for the government of the 
 State as it may think necessary. The same course is 
 pursued if the King's illness lasts beyond the period of 
 12 months. 
 
 In the event of the King's death during the minority Death of the 
 
 King daring 
 
 of the heir to the throne, the Council of State is required the minority 
 
 of the heir to 
 
 to convoke the Riksdag, and to publish the notice of its Dethrone, 
 convocation within 15 days of the death of the King. 
 
 L 
 
146 CONSTITUTION OF 
 
 Sweden, The Riksdag, without having regard to any will left 
 
 by the deceased King concerning the Government, will 
 then nominate one, three, or five guardians, who shall 
 carry on the government in the name of the King until 
 he attains his majority, in conformity with the present 
 constitution. 
 
 heirs 5 f Should the male line of the royal dynasty fail, it will 
 
 be the duty of the Council of State to summon the 
 Riksdag to meet, in order to choose a new dynasty. If by 
 any chance the Regent or the Council of State should 
 omit to summon the Riksdag in the above-mentioned 
 cases, it would be the bounden duty of the royal courts 
 to give notice, by official publications, in order to allow 
 of the Riksdag meeting for the protection of its rights 
 and those of the State. The Riksdag assembles on 
 the thirteenth day after that on which notice of its con- 
 vocation was given by the Regent or the Council of 
 State. 
 
 rfKlS* The members of the first Chamber, who do not 
 
 Chamber, receive any salary, are elected for a period of nine years 
 by the provincial assemblies and by the municipal 
 councillors of the towns which have no representative 
 in the Landsthing (provincial council) ; one repre- 
 sentative being chosen for every 30,000 inhabitants. 
 
 All persons who have attained the age of 35 years, 
 and who, three months prior to the election, have 
 possessed property to the amount of 80,000 kroner, or 
 who, during the same period, have paid taxes on an 
 annual revenue of 4,000 kroner (222), are eligible as 
 candidates. In 1868 the Chamber consisted of 127 
 members, and at the end of 1875 the number was 140. 
 At the present time (1889) it is 145. 
 
 composition The Lower Chamber consists of one representative 
 
 of the second 
 
 chamber, f or evei y ~j 0,000 inhabitants of towns, of one deputy for 
 
PARLIAMENT. 147 
 
 every rural district whose population is less than 40,000, Sweden, 
 and two deputies for those of more than 40,000. In 
 1874 their number was 194, of whom 56 represented the 
 towns and 138 the country districts. Their present 
 number (1889) is 222, 76 representing the towns and 
 1-16 the rural districts. They are elected for three years 
 by direct popular vote without ballot, and receive each 
 an annual allowance of 1,200 kroner for the session of 
 four months, and travelling expenses. 
 
 Section 14 of the Swedish Law of Representation Electoral 
 
 qualification. 
 
 defines the qualifications for the franchise, for the elec- 
 tion of members of the second Chamber, as follows: 
 
 " Every person who has the right of voting in the 
 " general affairs of the commune has the right of elec- 
 " tion in the commune where he is domiciled, provided 
 " that he holds absolutely or for life real property in 
 " town or country, valued for the assessment of the tax 
 " at not less than 1,000 kroner (55), or that he has 
 " rented for life, or for not less than five years, an 
 " agricultural property valued for the assessment of the 
 " tax at not less than 6,000 kroner (333), or that he 
 " pays the tax to the State on an annual income of not 
 less than 800 kroner (44)." 
 
 In the country (to which for electoral purposes are 
 assimilated towns which have no tribunal of their own) 
 each "jurisdiction" ("domsaga") returns one member. 
 Jurisdictions containing over 40,000 inhabitants are 
 divided into two electoral districts, each returning a 
 member. Towns of 10,000 inhabitants and upwards 
 elect one member for every total of 10,000. Smaller 
 towns, which have a tribunal of their own, are united in 
 electoral districts, containing not less than 6,000 nor 
 more than 12,000 inhabitants. In the country districts, 
 and in the smaller towns, the election may be, according 
 
 L 2 
 
148 CONSTITUTION OY 
 
 Sweden, to the wish of the majority of the electoral "body, 
 either direct or indirect, i.e., by electors chosen by the 
 registered voters in the country, one or more electors in 
 the proportion of one for every total of 1,000 inhabi- 
 tants; in the urban districts, one or more electors for 
 each town, in the proportion of one for every total of 
 500 inhabitants. In the larger towns the elections are 
 direct.* 
 
 The number of qualified electors to the second 
 Chamber in 1887 was 278,039, or 5'9 of the population; 
 but only 99,870, or 35'9 of the electors, actually voted. 
 
 penalty for Any member who fails to present himself at the 
 
 non-atten- 
 dance, time appointed for the meeting of the Diet is liable 
 
 to have 10 kroner deducted from his salary for every 
 day that he is absent. The members of the first 
 Chamber are also liable to a fine for non-attendance. 
 Meeting of For ordinary sessions the Diet is assembled according 
 
 to the fundamental law, and without any special sum- 
 mons, on the 15th January in each year, or, when that 
 day falls on a holiday, on the following day. The usual 
 time of meeting is 10 a.m. 
 
 Extraordinary sessions can be held whenever the 
 King considers that they are necessary, and also under 
 the law which requires that in certain cases, such as the 
 absence of the King from the country for more than 
 12 months, his illness, his death, or the extinction of 
 the royal line, the Diet must be summoned immediately 
 by the Regent or the Council of State. They can be 
 closed by the King whenever he thinks it convenient, 
 but they ought always to be terminated before the time 
 fixed for the opening of the ordinary sessions. 
 
 * Reports respecting the Qualifications for the Parliamentary 
 Franchise in Foreign Countries. Miscellaneous, No. 1 (1883). 
 
PARLIAMENT, 149 
 
 In an extraordinary session only those matters are to Sweden, 
 be considered for which the Diet was summoned, or 
 which have been submitted to it by the King. 
 
 The ordinary session of the Diet cannot be closed, o-^ointio 
 
 of Diet. 
 
 except at its own desire, until four months after its 
 meeting, unless the King should order, during the 
 session, new elections to be held for either both or one 
 of the Chambers. 
 
 Under these circumstances the Diet will assemble, 
 preserving its character as an ordinary Diet, within the 
 three months next after its dissolution, at the time fixed 
 by the King, and it cannot be again dissolved by the 
 King until four months have elapsed since the beginning 
 of the new session. 
 
 .Xeither the Eiksdag nor the Chambers can delibe- 
 rate or vote on any matter in the presence of the King. 
 The members of the Council of State have access to Council of 
 
 State. 
 
 each Chamber, and the right of taking part in the 
 debates, but not in the voting, when they are not 
 members of the Chamber. The members of the Council 
 of State cannot, however, take part in either the debates 
 or the votes of the Chambers, when they are invested 
 with the government, according to the terms of the 
 Constitution. 
 
 The same rule applies to the guardians of the King 
 when a minor. 
 
 The immemorial right of the Swedish people to tax Right of 
 
 taxation. 
 
 itself is exercised by the Riksdag alone. But the reduc- 
 tion of credits, previously existing, for public institutions 
 can, in cases where those reductions would be of a nature 
 to render the operations of those institutions impossible, 
 only be made with the consent of the Crown. Should, 
 by any chance, the budget not have been passed, or the 
 amount of a new tax not have been voted before the con- 
 
150 CONSTITUTION OF 
 
 Sweden, elusion of the session, the existing budget and taxes 
 
 would be maintained until the next session. 
 Freedom No member of the Riksdag can be prosecuted or be 
 
 from arrest. ,.,....,., 
 
 deprived ot ms liberty on account ot anything said or 
 done in that capacity, unless the Chamber to which he 
 belongs should authorise it by a special resolution passed 
 by a majority of at least five-sevenths of those voting. 
 
 No member of the Riksdag can be expelled from the 
 place where it is sitting. If any private person, or any 
 body, civil or military, or any meeting, under any name 
 whatsoever, should attempt to exercise any violence 
 against the Riksdag, its Chambers or committees, or 
 one of its members, it would be considered as an act of 
 treason, and it would be the business of e the Riksdag to 
 prosecute the guilty parties according to law. If any 
 member of the Riksdag is molested in word or deed 
 during the sessions, or in the course of his journey to or 
 from the Riksdag, the provisions of the code relating 
 to outrages on royal functionaries whilst in the execu- 
 tion of their duty would be applied. If a member of the 
 Riksdag is accused of a grave crime, he cannot be 
 arrested until the magistrate has inquired into the case 
 and declared such a course to be necessary, unless he has 
 been apprehended in the actual commission of the offence; 
 in any case, if he should not appear on the magistrate's 
 summons, he is liable to be proceeded against under 
 the provisions of the general law. No member of the 
 Riksdag can be deprived of his liberty, except in the 
 above-mentioned cases.* 
 
 Political Political parties in Sweden, formerly divided into 
 
 Liberals and Conservatives, are now classed as Free 
 Traders or Protectionists. At the end of 1887 the Free 
 
 * Ls lois fonclameutales de Suede ct de Norvege. 
 
PARLIAMENT. 151 
 
 Traders had a majority of 20 in the Riksdag, but the Sweden, 
 majority was at the beginning of the following year 
 reduced to a minority of two, in consequence of the 22 
 Liberal members for Stockholm having been unseated 
 by the High Court. 
 
 The election for the Swedish capital being by scrutin 
 de liste, each party selects its own candidates, for 
 whom the party as a rule vote as a group, according to 
 a list agreed upon and distributed among the electors. 
 
 According to the constitution, every voting ticket 
 which may happen to contain the name of one or more 
 persons who may be adjudged unfit for election, is can- 
 celled and annulled in its entirety. Persons in arrear 
 with their taxes are among those disqualified for election. 
 
 It havinsf been discovered that one of the Liberal Larsson's 
 
 case. 
 
 candidates, M. 0. Larsson, had omitted to pay his taxes, 
 13 shillings in amount, seven years previously, in 1881- 
 82, it was decided by the returning officer, and confirmed 
 on appeal, that 6,700 voting papers which contained his 
 name were null and void, and on a fresh count, the 
 Protectionist list was found to h;ive gained the election 
 by a majority of above 2,900 votes.* 
 
 Proposals to enact, alter, explain, or repeal a f unda- Amend- 
 mental law, can only be brought forward in an ordinary of mnda- 
 
 J J mental law. 
 
 session, and may be rejected during the same Riksdag, 
 but cannot be accepted or agreed to otherwise than as a 
 proposal which must stand over till the first Riksdag 
 which meets after a new general election to the Second 
 House, and is then to be again considered. If the 
 proposal be again accepted by both Houses, it becomes 
 the resolution of the Riksdag, and neither of the Houses 
 can make any alteration in a proposal thus standing 
 
 * See Annual Registers, 1887 and 1888. 
 
152 CONSTITUTION OF 
 
 Sweden, over. Resolutions, or any such proposal standing over, 
 must not be postponed otherwise than in accordance 
 with the above-mentioned rules, unless the King and 
 both Houses agree to the postponement. 
 
 Electoral The elections take place under the supervision of the 
 
 procedure. 
 
 Government authorities. A register of the duly qualified 
 electors is kept in all the communes. Deputies to the 
 second Chamber must be of the full age of 25, and must 
 have held electoral rights in the commune, or one of the 
 communes, by which they are chosen a whole year pre- 
 vious to their election. The effect of this peculiar 
 enactment is to restrict the choice of the electors to 
 the electoral body of each district, and thus, in not 
 a few cases, to condemn a district to representation by 
 mediocrities, while at the samo time, keeping a con- 
 siderable proportion of men of capacity and intelli- 
 gence aloof from Parliamentary life. 
 Election All appeals against the election of members to the 
 
 petitions. 
 
 second Chamber are referred to the government of the 
 
 second province. A final appeal may, however, within eight 
 
 days of the decision of the provincial government, be 
 
 addressed to the King, by whom the question is handed 
 
 over to the Supreme Tribunal for final disposal. 
 
 First All objections against elections to the first Chamber 
 
 must be lodged within a month of the election with the 
 
 government of the province, and must be addressed to 
 
 the King. They are decided upon by the Supreme 
 
 Tribunal of the kingdom. 
 
 costs of The costs of election to the first Chamber are borne 
 
 election. 
 
 by the provinces and towns, and to the second Chamber 
 by the rural communes and towns. 
 
 corrupt As regards corrupt election practices, persons con- 
 
 victed of such become ineligible to the Diet. In para- 
 graph ]12 of the Fundamental Law of the 6th June, 
 
PARLIAMENT. 153 
 
 1809, on tlie form of Government, it is further stated Sweden, 
 that all functionaries found guilty of having exercised 
 undue influence on elections shall be dismissed from 
 their posts.* 
 
 Corrupt practices are punishable by imprisonment 
 with hard labour, but corruption is stated to be unknown 
 in Sweden. 
 
 NORWAY. 
 
 The nation exercises the legislative power through Legislative 
 the Storthing, which consists of two sections, a Lag- cmive 
 
 . . . power. 
 
 thing and an Odelsthing, whilst the executive power is 
 in the hands of the King, who is required to profess 
 the evangelical Lutheran religion, and to maintain and 
 protect it. 
 
 The person of the King is sacred; he cannot be The King, 
 blamed or accused; as his council is responsible for all 
 his acts. 
 
 He attains his majority at the age of 18, and on his 
 accession to the throne takes the following oath before 
 the Storthing : ' ' I promise and swear to govern the Royal oath. 
 e: Kingdom of Norway in conformity with the con- 
 " stitution and the laws. So help me, God, and His 
 " holy word." If the Storthing does not happen to be 
 in session at the time, a copy of the oath is deposited 
 with the Council of State, and the oath has to be 
 solemnly renewed by the King at the first session, 
 orally or in writing. 
 
 The coronation and anointing of the King take Coronation, 
 place after he has attained his majority, in the cathedral 
 
 * Miscellaneous. Xo. 4 (1882), (Electoral Contests), pp. 14-15. 
 
154 CONSTITUTION OF 
 
 Norway, of Trondhjern, at the time and with the ceremonies that 
 he himself appoints. He must pass some time in 
 Norway every year, unless any serious obstacles shall 
 prevent it. 
 
 council of The King* himself chooses a council of Norwegian 
 
 Stare. 
 
 citizens, of not less than 30 years of age. This 
 
 council comprises two Ministers of State, and at least 
 
 Appointment seven other members. The King 1 can also appoint a 
 
 of Viceroy. 
 
 Viceroy, who acts for him during his absence from the 
 kingdom. The King apportions the business among the 
 members of the Council of State, as he may think most 
 convenient. Under extraordinary circumstances he, or 
 the Viceroy in his absence, can summon to seats on the 
 council other Norwegian citizens, except members of the 
 Storthing. A father and son, or two brothers, cannot 
 sit on the Council of State at the same time. 
 
 tiiTvicero ^e King entrusts to the Viceroy, in his absence, 
 
 the internal administration of the kingdom, conjointly 
 with one of the Ministers of State and five at least of 
 the other members of the council, or, if there is no Vice- 
 roy, to one of the Ministers of State and at least five 
 other members of the council. These govern in the 
 name of the King and in his place. It is their duty 
 to observe religiously the dispositions of the present 
 constitution, as well as the private instructions given to 
 them. 
 
 Only the Crown Prince, or his eldest son, can be 
 Viceroy, but not before he has attained the age fixed for 
 the majority of the King. He must reside in the 
 kingdom, and cannot be absent from it for more than 
 three months in the year. 
 
 Residence of During* the Kinoes residence in Sweden one of the 
 
 the King in 
 
 Sweden. Ministers of State is always with him, as well as two 
 members of the Council of State, who change every 
 
PARLIAMENT. 155 
 
 year. They have the same duties and the same con- Norway, 
 stitutional responsibility as the resident government in 
 Norway, and no question that affects that country can 
 be decided by the King, except in their presence. In 
 general, all matters relating to money must be referred 
 to the home government before any decision is come to. 
 
 The King is supreme in all questions ecclesiastical as 
 well as temporal, subject, of course, to the provisions of 
 the constitution. 
 
 He can make and repeal regulations concerning provisional 
 
 legislation. 
 
 commerce, customs, industry, and the police, but they 
 must not be contrary to the constitution or to the laws 
 established by the Storthing. They remain provision- 
 ally in force until the next meeting of the Storthing. 
 
 He has the right, in the Council of State, to pardon Right of 
 
 pardon. 
 
 criminals after judgment has been pronounced, and the 
 condemned person has the choice of accepting the 
 pardon or of submitting to the punishment to which he 
 has been condemned. But in cases which have been Exception, 
 tried before the High Court (Rigsret), on the requisition 
 of the Odelsthing, no other remission can be granted 
 except that of the penalty of death. He has the power of 
 appointment and suspension of all public functionaries. 
 
 He has the supreme command of the army and navy, Military and 
 which cannot be increased or diminished without the cannot be 
 
 increased 
 
 consent of the Storthing, nor can any foreign troops, 
 except troops of allies sent against an invasion of the s 
 enemy, be introduced into the country without a similar 
 consent. 
 
 In time of peace no troops other than the Norwegian 
 troops can be stationed in Norway, and no Norwegian 
 troops can be quartered in Sweden; subject, however, 
 to the exception that the King can have a Norwegian 
 guard of volunteers in Sweden, and can also, during a 
 
156 CONSTITUTION OF 
 
 Norway, short interval every year of six weeks at the most, 
 assemble the neighbouring troops of both kingdoms 
 for manoeuvres in the interior of one of the kingdoms. 
 
 Limit as to But in any case he cannot introduce into one of the two 
 
 number of 
 
 STe f n lowed kingdoms in time of peace more than 3,000 men of the 
 either state. arnl y o f the other, all arms included. 
 
 The troops and navy of Norway cannot be employed 
 
 in an offensive war without the consent of the Storthing. 
 
 As in Sweden, he must consult the Council of State 
 
 before declaring war or concluding peace. 
 
 All orders emanating from the King himself (except 
 
 any relating to military affairs) must be countersigned 
 
 by one of the Ministers of State. 
 Title of the The Heir presumptive to the throne, if he is the son 
 
 Heir-pre- 
 sumptive, of the reigning King, bears the title of Crown Prince, 
 
 and as soon as he has attained the age of 18 years he 
 has a right to a seat in the Council of State, but without 
 a deliberative voice or any responsibility. 
 
 Limitation as No prince of the blood can marry without the con- 
 sent of the King. If he infringes this rule he loses his 
 rights to the Crown of Norway. 
 
 Norwegian The Norwegian Minister of State, and the two 
 to serve Norwegian Councillors of State, who are in attendance 
 
 in Swedish 
 
 state C on" f on ^ e King, nave a sea ^ an( l vote in the Swedish 
 occSns. Council of State when matters common to the two 
 
 kingdoms are being discussed. 
 
 Procedure if Should the King die during the minority of the heir 
 during the to the throne, the Council of State of both kingdoms 
 
 minority of 
 
 the throne mus ^ assemble immediately, in order to address together 
 a summons of convocation to the Storthing of Norway 
 and the Riksdag of Sweden. Until the representatives 
 of the two kingdoms in Parliament assembled have 
 constituted a regency, a Council of State, composed of 
 an equal number of Norwegian and Swedish members, 
 
PAKLIAMENT. 157 
 
 provides for the administration of the kingdom, in Norway, 
 accordance with the provisions of their respective 
 constitutions. The Norwegian and Swedish Ministers 
 of State, who have a seat on the council, ascertain by 
 drawing lots who shall be the president. 
 
 Should it become necessary to elect an heir to the Election of 
 throne, the following course is adopted : The Eiksdag throne, 
 of Sweden and the Storthing of Norway are summoned 
 to meet on the same day. The King, or the provisional 
 government, if the election takes place on account of 
 the throne being vacant, makes a proposal with regard 
 to the succession to the throne, on the same day in 
 either country within eight days after the opening of 
 the two Parliaments. The members of both Houses 
 can also propose candidates within the same limit of 
 time. On the evening of the day before the election 
 each Parliament elects a committee of 36 persons 
 with eight substitutes, and in the event of the two 
 Parliaments not electing the same person, these com- 
 mittees assemble together at Carlstad, under one presi- 
 dent, and proceed to the final election, which is conducted 
 by ballot, a simple majority being sufficient. Before 
 counting the votes, the president takes one of the 
 ballot papers, seals it, and lays it aside. Should the 
 votes be equal, the sealed ballot paper is then opened 
 by the president, and decides the election if it con- 
 forms with the regulations, but if it does not a new 
 vote will be immediately taken. Should the result be 
 determined without these means, the ballot paper, which 
 has been laid aside, is destroyed without being opened. 
 A minute of the election is then made in the Swedish 
 language if the president is a Swede, and in Norwegian 
 if he is a Norwegian, and two copies of it are signed 
 by all the members of the committee, and, having been 
 
158 CONSTITUTION OF 
 
 Norway, sealed in their presence, are forwarded by the president 
 of the committee of each kingdom, one to the Riksdag, 
 and the other to the Storthing, addressed to their 
 respective presidents. 
 
 The decision having been communicated to the two 
 legislatures, immediate steps are taken to inform the 
 King, or, if he is dead, the provisional government, of 
 the result. 
 
 Act of union. The Act of Union of the two kingdoms is dated the 
 6th August, 1815. 
 
 Where, according to the constitutions, it is necessary 
 that the two Councils of State should assemble together, 
 
 joint council the ioiiit Council of State is composed of 10 members 
 
 of State. J 
 
 of each kingdom, viz. : For Sweden, the two Ministers 
 of State and eight Councillors of State; and for Norway, 
 the Minister of the Norwegian State and two Council- 
 lors of State, resident in Stockholm, and seven ordinary 
 Councillors of State. 
 
 The The Legislative Assembly of Norway, the Storthing, 
 
 representing 123,000 electors, out of a population of 
 about 2,000,000, is composed of 114 members elected 
 for a term of three years, at the expiration of which 
 fresh elections are held. The King has not the power 
 to dissolve it before, nor to prolong its existence beyond, 
 
 Annual the term fixed for its duration. The members meet 
 
 meeting. 
 
 annually in Christiania on the first week-day in October,* 
 
 and during the term of the session are each entitled to 
 
 salary of receive from the State a daily allowance of 13s. 4d. The 
 
 members. 
 
 prescribed length of the session is three months, but in case 
 
 Length of this period does not suffice for the completion of its work, 
 
 the Storthing may petition the King for a prolongation, 
 
 which he can grant or refuse at his pleasure. The 
 
 * February in the constitutional law, altered in 1857. 
 
PAELIAMEXT. 159 
 
 Storthing can, however,, fix its own time for prorogation Norway, 
 by postponing the question of the budget until then. 
 Since the introduction in 1869 of annual Storthings 
 before which date they met only every third year the 
 sessions have been invariably extended, and now last 
 four or five months. 
 
 The Storthing is elected as one Chamber, but in Division into 
 
 two Houses. 
 
 accordance with the Act of the Constitution, and for the 
 better despatch of business, it divides itself into two 
 sections, called respectively Odelsthing and Lagthing; 
 the former consisting of three-fourths and the latter of 
 one-fourth of the total number. Each Chamber elects 
 its own President and Secretary, who hold office for four 
 weeks at a time. The appointments need not be con- 
 firmed by the King, who has no power to control the 
 interior organization of the House. The Assembly in 
 pleno the Storthing legislates on all matters connected 
 with the budget, or bearing on the constitutional law. 
 
 The King possesses the right of veto, which he can v eto. 
 exercise twice over laws passed by the Storthing; but if 
 the same bill pass three Storthings returned by separate 
 elections, it becomes the law of the land without the 
 assent of the Sovereign.* 
 
 * According to the Constitution the King only possesses a suspensive 
 veto, which is of no avail after three Storthings have carried a bill. 
 But in 1880 the King claimed an absolute veto with regard to bills 
 affecting the Constitution, by refusing to sanction an amendment of the 
 Constitution, which had been passed three times, on the ground that a 
 bill altering the fundamental law could not become law without the 
 sanction of the Sovereign. In this contention he was supported by the 
 Conservative party, who, whilst admitting that there was no express 
 enactment to that effect in the Constitution, contended that the right 
 was included in the principles of monarchy. The question was 
 nominally whether the King was to prevent the Chamber passing a bill 
 which to an Englishman looked moderate and constitutional enough : 
 namely, a bill for giving Ministers seats in the House, and making them re- 
 
100 
 
 CONSTITUTION OF 
 
 Norway. 
 
 The Odels- 
 tliing. 
 
 The Lag- 
 thing. 
 
 The Odelsthing discusses the questions connected 
 with the ordinary bills, and also the validity of the 
 measures proposed by the King's ministers, and the 
 Lagthing deliberates 011 the measures passed by the 
 Odelsthing, and forms, along with the judges of the 
 High Court, the Court of the Realm, which gives judg- 
 ment in prosecutions instituted by the Odelsthing against 
 members of the ministry or of the Storthing, for offences 
 committed in their official capacity. 
 
 In accordance with an amendment of Article 74, in 
 1884, consequent on the result of the impeachment of 
 the ministers, when the session of the Storthing is 
 open, the Ministers of State and Councillors of State have 
 the right of assisting at its sittings, and at those of its 
 two sections, in the same manner as the other members, 
 
 sponsible to Parliament. In reality, however, the issue was, whether the 
 single democratic Chamber should have power to alter the Constitution 
 to any degree it pleased, even to the extent of breaking up or abolishing 
 the monarchy. The general election of 1882 showed that the majority 
 of the people were against the absolute veto. In 1883 the Storthing 
 availed itself of the last resource by which it lawfully and eventually 
 may enforce the will of the people upon the Government, and im* 
 peached the Ministry before the Kigsret, the functions of which are 
 solely limited to the trial of offences against the State, There is no 
 appeal against the decisions of this Court.. It consists of the members 
 of the Lagthing (the Upper House or Select Committee of the Stor- 
 thing) and the judges of the High Court of Justice. The accused has 
 the right of rejecting one-third of its judges, and the number was in 
 consequence reduced to 26, of which 17 were members of the Lagthing, 
 all Liberals ; while the nine judges were known to hold Conservative 
 views. After a long trial, extending over many months, M. Selmer, 
 the Prime Minister, was found guilty (27th February, 1884) of high 
 misdemeanour, on the charge of having advised the King to veto (1) 
 the resolution of the Storthing of March 17th, 18SO, admitting Ministers 
 to seats in the National Assembly ; (2) a bill involving a question of 
 supply ; and (3) a bill enabling the Storthing to appoint two additional 
 members on the Committee of Directors for the Government railways. 
 He was sentenced to be discharged from his office of Minister of State, 
 and to pay some of the costs of the trial. 
 
PARLIAMENT. 161 
 
 but without the power of voting and to take part in the Norway, 
 debates when they are public. They have not this right 
 at secret sittings, unless they are authorised by the 
 assembly concerned. 
 
 In case of disagreement between the Odelsthing and 
 the Lagthing on any bill passed by the first of those 
 bodies, the Storthing in pleno decides the question. 
 The bill is held to be rejected, if it does not receive the 
 support of two-thirds of the entire House. 
 
 In accordance with the standing orders, the Chambers Time of daily 
 
 meeting 01 
 
 meet every week-day for business from. 10 o'clock in the chambers, 
 forenoon to 2 in the afternoon, and should the President 
 find it necessary, and the Chambers agree to it, from 5 
 to 8 in the evening. In the earlier part of the session 
 these rules are less rigidly enforced, in order that the 
 committees may have more time for the preparation of 
 their work. Meetings at other than the hours above 
 mentioned are almost unknown. The number of the Number and 
 meetings held by the respective Chambers in 1879 was meetings in 
 
 1879* 
 
 in the Storthing, 62, occupying 192 hours; in the 
 Odelsthing, 55, occupying 164 hours; and in the Lagthing, 
 28, occupying 35 hours. 
 
 Of their meetings 17 only (occupying 46 hours) were Average 
 held in the evening, the remainder were held in the sittings, 
 forenoon. The average duration of each sitting was, in 
 the Storthing and Odelsthing, about three hours, and in 
 the Lagthing about an hour and a quarter ; the longest 
 meeting of the session lasting about six hours. 
 
 The Norwegian Storthinsr has from its oriarin been Democratic 
 
 tendency of 
 
 strongly democratic in its composition and tendencies, storthing. 
 An Act passed by it in its infancy (August, 1821), and 
 which became law in spite of the King's pronounced 
 dissatisfaction, deprived the nobility then existing of 
 their most important privileges, abolishing altogether 
 
 M 
 
162 CONST JTUTI OX OF 
 
 Norway, their judicial authority, their right to nominate the 
 public officers on their estates, and the exemption they 
 claimed from various tithes and taxes. The only 
 privilege left them was the retention of their titles, and 
 these were confined to such nobles only as could prove, 
 to the satisfaction of the Storthing, their right to assume 
 them, and to their legitimate children born before the 
 publication of the Act. At the death of these, all 
 hereditary rights and titles were to be abolished, and 
 very few of the number exist at present. 
 
 HonoftSe' The influence of the peasant proprietors has long 
 been predominant in the Storthing, where, in 1881, 
 53 per cent, belonged to this class ; 14 per cent, were 
 representatives of a somewhat higher social position 
 8 per cent, clergymen, professors, and school teachers; 
 6 per cent, lawyers ; and 2 per cent, officers of the army 
 and navy. 
 
 Section. ^ ne m0( i e of election is indirect. The right of voting 
 
 is restricted to Norwegian citizens who have attained 
 the age of 25 years, who are domiciled in the country 
 for five years and resident there, who are or have been 
 in the public employment, who are landowners in the 
 country, or who have been tenants of a property for 
 more than five years, or who are burgesses for some 
 town, or possess a house or land therein of the value of 
 at least 600 kroner, or who have, for the preceding year, 
 paid to the State or to the commune direct taxes on an 
 estimated income of 500 kroner at least in the country, 
 and of 800 kroner in a town or burgh, and have for a 
 year past had a fixed domicile in the commune at the 
 time of the election, and are not in domestic service.* 
 
 * Under Article 50 of the Constitution, as originally framed, it was 
 necessary, in order to be an elector, to be a burgess of a town, 
 
PARLIAMENT. 163 
 
 Xobody can vote at an election unless his name has been Norway, 
 placed on the electoral list not later than the sixth day 
 before the election. The ballot, formerly optional, is 
 now,, under the law of 1884, obligatory. An elector who 
 wishes, in conformity with Article 60 of the Constitution, 
 to vote without being present, is required to place his 
 ballot paper, without signature or mark, in a special 
 envelope, fastened up and registered, and to send it 
 to the bureau with his reasons for his absence assigned; 
 if his excuse is allowed, his vote is placed, without 
 being read, in one of the envelopes marked with the 
 official seal, and placed in the urn ; if the excuse is 
 not admitted, the paper is left in its envelope and not 
 opened. After the counting the ballot papers are 
 burnt, unless, being doubtful, they are left for further 
 consideration. Every citizen possessing the same quali- Qualification 
 fications, and who is 30 years of age, and has resided 
 for 10 years in the kingdom, is capable of being 
 elected a representative. Any person who has been 
 a minister or Councillor of State can be elected a 
 representative, even in an electoral district where 
 he has not the right of voting, if he is otherwise 
 eligible, and if he has not been elected for another dis- 
 trict. But no district can have at one time more than 
 one representative taken from outside of the electors of 
 the district. At the end of every three years new elec- 
 tors are chosen by the people, at the rate of one to 50 
 voters in towns, and one to 100 in country districts. The 
 
 functionary, or a proprietor of land. As there was no minimum of 
 value fixed, the peasants naturally used every effort to become land- 
 owners, and became so by acquiring pieces of land of little or no value, 
 at the same time being registered. Under a new law of July, 1884, 
 lauds which are not sufficiently valuable to pay a land tax of 20 kroner 
 cannot be placed on the registers or valued, therefore their owners can- 
 not vote in right of them. 
 
 M 2 
 
164 
 
 CONSTITUTION OF 
 
 Vacancies, 
 how filled. 
 
 JBallotage. 
 
 Division of 
 parties. 
 
 Norway, electors afterwards choose the Storthing representatives 
 from among themselves,, or from among the other pro- 
 perly qualified voters, by ballot. No new election for 
 the Storthing takes place during the same legislative 
 period, vacancies being filled up by the persons who 
 received the second largest number of votes. 
 
 In the event of an equality of votes, recourse is had 
 to "ballotage." The elections are conducted by the 
 local officer of the Government, to whom a small allow- 
 ance is made for travelling expenses. JSTo costs are 
 incurred by those who are elected."* 
 
 Politically, the Assembly is divided into two parties, 
 Conservatives and so-called Liberals. Up to the year 
 1884 the latter had always been in opposition, but in 
 this year the Conservative Government of M. Selmer 
 having been impeached and convicted, the King was 
 compelled to entrust the formation of a Ministry to M. 
 Sverdrup, the Liberal leader and President of the 
 Storthing. After the appointment of the new Ministry 
 the Storthing again passed the bill for the admission of 
 Ministers to the Assembly, with a slight amendment, to 
 the effect that ex-Ministers, unlike ordinary members, 
 might be elected for any town or district whether resi- 
 dent in it or not. The bill received the royal assent, and 
 so, after a struggle extending over 10 years, the principle 
 of Ministerial responsibility was at length recognised. 
 
 In 1888 the position of the political parties in 
 the Storthing .was as follows : Ministerialists, 22 ; Ad- 
 vanced Liberals, 38 ; and Conservatives, 54. 
 
 Whenever an amendment of the Constitution is pro- 
 posed, the proposition must be made in the Storthing in 
 
 * Eeports respecting the Practice and Regulations of Legislative 
 Assemblies in Foreign Countries. Miscellaneous, No, 1 (1881). Report 
 by Mr. Consul -General Jones. 
 
 Amendment 
 of the 
 
 Constitution, 
 
PARLIAMENT. 165 
 
 the first ordinary session after a new election,, and be Norway, 
 published in the newspapers. But the proposed amend- 
 ment cannot be accepted or rejected except in one of the 
 ordinary sessions after the following election; at the 
 same time, no amendment is admissible which contra- 
 dicts the principles of the Constitution, and which does 
 more than introduce changes of detail without alter- 
 ing its spirit. These amendments must be voted by the 
 Storthing with a majority of two-thirds. 
 
 There are practically no contested elections in Nor- contested 
 
 elections. 
 
 way, the position of a member of the Storthing not being 
 much sought after by the richer classes. 
 
 Corrupt practices at elections are punishable under Corrupt 
 the criminal law, and their detection disqualifies the 
 candidate for the time being. There is, however, no 
 case on record of a person being tried for bribery and 
 corruption at elections, proving the absence of contests 
 rather than the efficacy of the law.* 
 
 SWITZERLAND. 
 Under the Swiss Constitution, which came into force supreme 
 
 authority 
 
 on May 29th, 1874, the supreme authority of the Con- Bested in 
 federation is vested in the Federal Assembly, which chambers, 
 consists of two Chambers, viz., the " Conseil National " 
 and the " Conseil des Etats." 
 
 The executive authority of the Confederation is Federal 
 
 Council. 
 
 exercised by a Federal Council, which is composed of 
 seven members, and which is nominated by the two 
 Houses at a joint sitting held at the commencement of 
 the session, after the general triennial election of the 
 National Council. Their term of office lasts for three 
 
 Miscellaneous, Xo. i (1882), (Electoral Contests). 
 
166 CONSTITUTION OF 
 
 Switzer- years, and any Swiss citizen, who is qualified to be a 
 member of the National Council, may be selected. The 
 business of the Federal Council is divided among the 
 following seven departments: 1, Foreign Affairs; 2, 
 Interior; 3, Justice and Police; 4, Military; 5, Finance 
 and Customs; 6, Industry and Agriculture; 7, Ports 
 and Railways. Xot more than one member can be 
 chosen from the same canton. Any vacancies which 
 may occur among the members during their term of 
 office are filled up at the first meeting of the Assembly 
 for the remainder of the three years. No federal 
 councillor can engage in any other employment, and, as 
 he is usually a member of one of the Chambers., he 
 vacates his seat on appointment. The Federal Council 
 is presided over by the President of the Confederation 
 and a Yice-President, who are chosen for one year by 
 the Federal Assembly from among the members of the 
 Council. Neither of them can be elected to the same 
 office for two years in succession, nor can the President 
 become Yice-President in the following year. The 
 President and each of the other members receive an 
 annual allowance, 540 being paid to the President, and 
 480 to each of the others. 
 
 No business can be transacted in the Council unless 
 at least four members are present. They have the right 
 to take part in the debates of both Houses of the 
 Federal Assembly, as well as of making proposals with 
 respect to the subjects under discussion.* 
 
 NSionai!" The National Council is composed of the deputies 
 
 posed?" 1 of the Swiss people, elected at the rate of one 
 
 * Constitution Federale, du 29 mai, 1871. 
 
 "The Swiss Confederation," by Sir Francis Adams and C. D. Cun- 
 n'ngham, 1889, pp. 54-65. 
 
PAKLIAMENT. 167 
 
 member for every 20,000 inhabitants, fractions above Switzer- 
 10,000 being counted as 20,000. Each Canton and, 
 when the Cantons are divided, each half Canton 
 elects one deputy at least. The present number of 
 representatives is 145. A general election takes place 
 every three years. It is only in case of a revision 
 of the Constitution that an extraordinary integral 
 renewal of the two Chambers can take place. Every 
 citizen of the Confederation who has reached the 
 age of 20 years is an elector ; and any voter who is 
 not in holy orders may be chosen as a representative.* 
 
 The " Conseil des Etats " or States Council consists 
 of 44 deputies, chosen by the 22 Cantons, two f rom com P sed 
 each Canton. 
 
 Members of the National Council are paid out of 
 the federal treasury, whilst in the States Council each 
 deputy's salary is defrayed by his Canton. 
 
 Each member receives 61s. for every day that he is 
 present during the session, but if he does not answer 
 when his name is called, he loses his day's pay, unless, 
 indeed, he comes in later and gives a sufficient excuse to 
 the secretary. If, however, there is a vote necessitating 
 a second calling of the names (appel nominal), or if 
 there is a count out to ascertain whether an absolute 
 majority is present, unless he then answers to his name 
 his day's pay is forfeited. Every member also receives 
 travelling expenses at the rate of 20 centimes a kilometre, 
 about 2?d. a mile.f 
 
 * This exclusion only applies in reality to Catholics. With them, 
 once a priest always a priest is the rule, "whereas in Switzerland Pro- 
 testant ecclesiastics can, by renouncing their profession, become 
 deputies. " The Swiss Confederation," by Sir Francis O. Adams and 
 C. D. Cunningham, 1889, p. 40. 
 
 t " The Swiss Confederation," by Sir Francis 0. Adams and 
 C. D. Cunningham, 1889, p. 41. 
 
168 
 
 CONSTITUTION OF 
 
 Switzer- 
 land. 
 
 Houses 
 assemble 
 every year. 
 May be ex- 
 traordinarily 
 convoked. 
 
 Quorum. 
 
 Commence- 
 ment of 
 annual 
 session. 
 
 Duration of 
 sessions. 
 
 Time of 
 meeting. 
 
 Duration of 
 sittings. 
 
 Federal 
 tribunal. 
 
 The two Houses assemble together once every year, 
 on the day fixed by the rules ; they can also be extra- 
 ordinarily convoked by the Federal Council,, or on the 
 demand of a quarter of the members of the National 
 Council,, or on that of five Cantons. Neither House can 
 proceed to business unless an absolute majority of the 
 whole of their number is present."* 
 
 According to the original provisions of the " Regle- 
 ments," there was but one annual session of both 
 Chambers, which commenced on the first Monday in 
 July, and usually lasted about a month. Subsequently 
 a winter session, commencing on the first Monday in 
 December (for the purpose of discussing the budget 
 for the following year), was introduced, and was 
 intended to form a continuation of the ordinary summer 
 session. This session now takes place as a matter of 
 course, and may be described as the ordinary winter 
 session. 
 
 The Chambers now assemble for the summer session 
 on the first Monday in June instead of in July; the 
 duration of both the summer and winter sessions 
 rarely exceeds a month. 
 
 Both Chambers usually assemble at 8 a.m. during the 
 summer, and 9 a.m. during the winter session. They do 
 not sit on Sundays, and the usual hour of meeting on 
 Mondays is 3 p.m. instead of 8 or 9 a.m. The sittings 
 usually occupy a period of five hours. Afternoon sittings 
 (except on Mondays) are unusual, unless there is urgent 
 business to be transacted. f 
 
 The Federal Tribunal, which is the Supreme Court 
 
 * Constitution Federate, 1874. 
 
 f Eeports respecting the Practice of Legislative Assemblies in 
 Foreign Countries. Miscellaneous, No. 1 (1881), page 21. 
 
PARLIAMENT. 169 
 
 of Justice of the Swiss Confederation, and has its perma- Switzer- 
 nent seat at Lausanne, consists of nine members, who 
 are elected for six years by the Federal Assembly, which 
 appoints the President and Vice-President, one of the 
 nine, every two years. Any of the judges are capable of 
 re-election. Nine substitutes are chosen to serve in case 
 of necessity for the same period. Care is taken that 
 they shall be conversant with the three national lan- 
 guages, viz., German, French and Italian. The salary 
 of the President is 440, and that of each of the other 
 judges 400 a year. In all cases the court must consist 
 of an uneven number. 
 
 The Tribunal can sit either as a Court of Civil or 
 Criminal Justice, or as a Court of Appeal. 
 
 As a Civil Court, it is competent to decide upon 
 disputes respecting civil rights : (1) between the Con- 
 federation and the Cantons; (2) between the Confedera- 
 tion on the one part and corporations or private persons 
 on the other, when the latter are the plaintiffs; (3) 
 between Cantons; (4) between the Cantons on the one 
 part and corporations or private persons on the other, 
 when one of the parties demand it, and when the suit 
 is of such importance that it may require Federal legisla- 
 tion. It also decides as to the rights of citizenship 
 between communes of different Cantons, and as to 
 questions relating to heimathlosat (homeless persons) ; 
 suits, when the amount in question is at least 120, can 
 also by agreement be brought before the Tribunal. As 
 a court for the administration of criminal justice, assisted 
 by a jury, it takes cognizance of the following cases: (1) 
 high treason against the Confederation; (2) revolt or 
 violence against Federal authorities; (3) offences against 
 international law; (4) charges against Federal officials. 
 
 As a court of appeal, the Tribunal decides upon cases 
 
170 CONSTITUTION OF 
 
 Switzer- brought up on appeal from the cantonal tribunals, relat- 
 ing to sums of not less than 120,, as well as on matters 
 relating to contracts, copyrights, trade marks and 
 divorce. 
 
 Under Article 113 of the Constitution of 1874, it decides 
 upon certain questions of public law, viz.: conflicts of 
 competency between Federal and cantonal authorities; 
 disputes between Cantons as are within the domain of 
 public law; Federal laws which have been passed in 
 execution of the Federal Constitution, &c. Previously 
 to 1874 those questions had been referred to the Federal 
 Council, with an appeal to the Federal Assembly.*. 
 P Ses al ^ n ^ e Federal Assembly there are three political 
 
 parties : 
 
 (1.) The Clerical or Catholic section, called "the 
 " Eight/ ' which consists at present of 35 
 members in the National Council, and 18 in the 
 Council of the States. Notwithstanding that 
 there arc minor divisions in this party, one 
 representing the views of the Swiss Catholic 
 laymen in the Canton of Luzern, and the 
 other from Freiburg, who consider the rights 
 of the Church paramount to those of the State, 
 it will be found that in religious matters they 
 always show a solid front. 
 
 (2.) "The Centre," which represents moderate 
 Liberalism, though numerically weak, and 
 having only 14 members in the National 
 Council, and five in the Council of the States, 
 is a party of great influence in the country. 
 
 * Constitution Federals, sections 106-114. 
 
 "The Swiss Confederation," by Sir F. O. Adams and C. D. Cunning- 
 ham, 1889, pp. 60-71. 
 
PARLIAMENT. 171 
 
 (3.) "The Left,'* or Radical Democratic party, is by Switzer- 
 far the most numerous, and is sub-divided into "* ' 
 three sections, viz., Centralisers, Federalists and 
 Young Democrats. 
 
 The Centralisers, whose motto is " One law and one 
 " army," are mostly German, and are strong upholders 
 of the revised constitution of 1874. 
 
 The Federalists, who come from the French districts, 
 are in favour of political and social progress, and of the 
 emancipation of the lower classes ; whilst the Demo- 
 crats,, a young party formed about 1860, turn their 
 attention to social rather than political legislation, and 
 are earnest advocates of all measures which have for 
 their objects the amelioration of the condition of the 
 labouring classes. The measures which especially com- 
 mend themselves to them are those which provide for 
 compulsory insurance against sickness, &c. ; Federal 
 monopolies for the issue of bank notes, matches and 
 playing cards ; purchase of the railways by the State, 
 and the extension of elementary education. As a whole 
 they are opposed (with the exception of the representa- 
 tives from the Canton of Yaud) to all church influence. 
 They are in a majority in the Assembly, numbering 
 96 in the National Council, and 21 in the Council of 
 States* 
 
 A peculiar feature in the constitution is the Eeferen- Referendum, 
 durn, which is the reference of laws and resolutions to 
 the vote of the electorate for confirmation or rejection. 
 In the case of the revision of the constitution the 
 reference is compulsory, but in other matters Federal 
 laws are not submitted to the popular vote except on 
 
 ' The Swiss Confederation," bj Sir F. 0. Adams and C. D. Cun- 
 ningham, 1889, pp. 88-97. 
 
172 CONSTITUTION OF 
 
 Switzer- the demand of 30,000 citizens,, or eight Cantons. This 
 demand mast be addressed in. writing to the Federal 
 Council within 90 days of the publication of the pro- 
 posed new law. Any citizen making or supporting the 
 demand must sign it personally, and is liable to penalties 
 for inserting any other person's name except his own. 
 The right to vote., of those who sign, is to be attested 
 by the communal authority of the place where they 
 exercise their political rights. The demand for a 
 popular vote, if it emanates from the Cantons, is to be 
 formulated by the Grand Council, the Central Council 
 or the Landrath. 
 
 If it is found that within 90 days of the publication 
 of a law or resolution no demand for a Referendum 
 has been made, or that, if made, it has not been signed 
 by 30,000 citizens, or eight Cantons, the law or resolution 
 is immediately promulgated by the Federal Council; but 
 if, on the other hand, the demand has been made, and has 
 been supported by the necessary number of Swiss 
 citizens having the right to vote, or of the Cantons, the 
 Federal Council proceeds to make the necessary arrange- 
 ments for the popular vote. Notice is immediately sent 
 to the governments of the Cantons, and the necessary 
 measures are taken for the prompt and general publica- 
 tion of the law or resolution in question. The vote 
 of the people is taken on the same day throughout 
 the whole of the Confederation, the day being fixed by 
 the Federal Council not earlier than four weeks after 
 the above-mentioned publication. 
 
 Every Swiss who has attained the age of 20, and who 
 is not excluded from the rights of citizenship in the 
 Canton in which he is domiciled, has the right to record 
 his vote. The government of each Canton organises the 
 taking of the vote in its own territory, and forwards, 
 
PARLIAMENT. 173 
 
 within 10 days, the result,, with the minutes of proceed- Switzer- 
 ings, to the Federal Council, which verifies the numbers 
 and announces the decision. The law or resolution is 
 considered as adopted when it has been accepted by the 
 majority of the Swiss citizens who have taken part in 
 the vote. In this case the Federal Council ordains its 
 execution and its insertion in the official collection of the 
 laws of the Confederation. If rejected, the law becomes 
 null and void. In both cases the result of the voting is 
 published by the Federal Council, which makes a report 
 on the subject to the Federal Assembly in its first 
 session.* 
 
 The Federal Constitution can be revised at any time. Revision of 
 
 * the Constitu- 
 
 The revised Constitution comes into force when it has tion - 
 been accepted by the majority of the citizens taking 
 part in the vote, and by the majority of the States. In 
 order to establish the majority of the States, the vote of 
 a half Canton is counted as half a vote. The result of 
 the popular vote in each Canton is considered as the 
 vote of the State.f 
 
 The elections to the National Council are carried out Election of 
 
 National 
 
 in conformity with the laws of the different Cantons, but CoancU - 
 subject to the general provisions of the Federal law. 
 Every citizen who has attained the age of 20, and who 
 has not been excluded from the enjoyment of his civil 
 rights by his Canton, is entitled to vote in the place 
 where he is domiciled, and to have as many votes as 
 there are members for his electoral district. The rule of 
 domicile does not however apply to the soldiers of the soldiers. 
 Confederation who may be under arms at the time of 
 
 * Loi Federate concernant tes rotations populares sur les lois et 
 arretes federeux du 17 jnin, 1874. 
 
 f Constitution Federate, sections 118-121. 
 
1 74- COXSTITUTIUN OF 
 
 Switzer- the election, as they are entitled to vote in any place 
 where they may happen to be. All citizens who are 
 domiciled in a Commune must see that their names 
 
 Register. are inserted in the electoral register of their Com- 
 mune, which is always open to the public at least 
 two weeks before an election, in order to enable any 
 omissions to be rectified. In case of misbehaviour on 
 the part of the cantonal authorities in refusing to insert, 
 or in suppressing a name, an appeal can be made to the 
 Federal Council. 
 
 eTeSnT at Elections to the National Council and votes on the 
 changes of the Constitution are made in writing and by 
 secret ballot. Vote by proxy is prohibited. 
 
 At each parliamentary election and vote 011 the 
 revision of the Federal Constitution, a minute of the 
 proceedings is drawn up and signed by the electoral 
 authority of the district. This minute is transmitted to 
 the Government of the Canton, which arranges in a 
 tabular form the results of the votes at the different 
 polling places and publishes them in the manner which 
 appears most convenient. 
 
 Any objections which may be raised against the 
 validity of an election must be forwarded to the Govern- 
 ment of the Canton, within six days of the declaration 
 of the poll, for transmission to the Federal authorities. 
 
 At the expiration of the interval above mentioned, 
 the Cantonal Government is bound to transmit to the 
 Federal Council all the proceedings relating to the 
 elections or votes, as well as the objections which have 
 been raised, and its opinion on those objections. 
 
 Voting The voting papers alone remain in the hands of the 
 
 papers. 
 
 Cantonal authority ; they are not transmitted except by 
 special request, and are destroyed immediately after the 
 voting has been validated. 
 
I'AULIAMEXT. 175 
 
 General elections for the renewal of tlie whole Switzer- 
 National Council take place on the last Sunday in 
 October, and if they are not terminated on the same 
 day, they are continued on a day fixed by the Govern- 
 ment of the Canton. 
 
 Bye-elections are held on a day specially appointed 
 by the Cantonal Government. 
 
 Those candidates are declared elected who have ob- 
 tained an absolute majority of the electors voting. 
 
 If, in the first election, the number of those who 
 have obtained the absolute majority is not equal to the 
 number of persons to be elected, a second vote is taken, 
 when all who obtain an absolute majority are considered 
 to be elected. If, in this second trial, a similar result 
 is obtained, a third vote is taken. At the third voting 
 the number of candidates must not exceed three times 
 the number of persons to be elected. Should it do so, 
 those candidates who have received the lowest number 
 of votes must retire, until the limit is arrived at. 
 
 At this third ballot, those who have obtained the 
 greatest number of votes, without reference to whether 
 it is an absolute majority or not, are considered to be 
 elected. 
 
 If it should happen that several persons have ob- 
 tained an equal number of votes, the President of the 
 Government of the Canton proceeds to decide the ques- 
 tion by drawing lots ; if, on the other hand, in a ballot, 
 it is found that more persons have obtained an absolute 
 majority than there were vacancies to be filled, the 
 persons who have obtained the greatest number of 
 votes will be considered as elected. 
 
 Immediately after the termination of an election, the 
 Government of the Canton is required to send a letter 
 to the new members informing them of their election. 
 
176 CONSTITUTION OP 
 
 Switzer- and to communicate to the Federal Council the names 
 of those elected, even if the minutes of proceedings 
 cannot be transmitted at the same time. 
 
 Actions to Should any objections be raised to the proceedings 
 during the first or second trial of the ballot, before the 
 publication of the definitive result of the election, they 
 must be transmitted to the Government of the Canton 
 concerned within three days of the date of the election. 
 If the electoral proceedings have not been concluded (the 
 question of their validity being reserved), the Govern- 
 ment of the Canton is the judge of these objections, 
 saving any ulterior recourse to the National Council ; in 
 the contrary case, the National Council is judge. 
 
 If the same person has been elected in several electoral 
 districts he is bound, on receiving notice from the Federal 
 Council, to declare without delay the district for which 
 he will serve. Acting on this declaration, the Federal 
 Council gives immediate directions for proceeding to new 
 elections for filling up the vacancies. 
 
 In each renewal of the whole of the National Council, 
 the elected, who have received notice of their election, 
 must without any further summons present themselves 
 at the place of assembly on the first Monday in December, 
 at 10 o'clock in the morning, for the first sittings of the 
 National Council. Members elected during the session 
 of the National Council are summoned by the Federal 
 Council in the usual manner, if the National Council is 
 assembled, and if not, they are then summoned for the 
 next session.* 
 
 IS 011 f Tlie mode of election to tne States Council is not the 
 council. game in all tlie Cantons. 
 
 * Loi Federate smr les elections et rotations federates (du 19 juillet, 
 1872). 
 
PARLIAMENT. 177 
 
 In the Cantons which have preserved their repre- Switzer- 
 sentative government the election is made by a majority 
 in the Great Council. 
 
 In the small Cantons where there is an annual 
 assembly of the people, this assembly elects, by show of 
 hands, the members of the States Council. In the 
 other Cantons the vote is taken by ballot. 
 
 The functions of the majority of these deputies last 
 for a year, like those of the deputies of the old Diets ; 
 others are chosen for three years, like the deputies of the 
 Xational Council ; but the duration of their functions is 
 left entirely in the hands of each Canton. 
 
 The deputies elect their own president and vice- 
 president. 
 
 UNITED STATES OF AMERICA. 
 By the Constitution of the United States the legis- Congress, its 
 
 . . . composition. 
 
 lative power is vested in a Congress, which consists of a 
 Senate and House of Representatives. 
 
 The executive power is vested in a President of the me 
 United States.* His term of office lasts for four years, 
 
 "" Iu the original draft of the Constitution it was proposed that the 
 President, or, as he was then designated, "the Executive Power," 
 should be elected by ballot by the Legislature ; that he should hold his 
 office during a term of seven years, but not be eligible for re-election. 
 
 The present mode of appointment was not decided without much 
 opposition ; there were at least eleven proposals : 
 
 1. By the Xational Legislature. Edmund Kandolph, of Virginia. 
 
 2. By the State Executive. Ellridge Grey, of Massachusetts. 
 
 3. By the Congress constituted as under the Articles of Confede- 
 
 ration. W. Patterson, of New Jersey. 
 
 4. By electors to be chosen by electors to be chosen by the people. 
 
 Alexander Hamilton, of New York. 
 
 5. By electors to be chosen by the people of the States (general 
 
 ticket). 
 
 N 
 
178 CONSTITUTION OF 
 
 United and. together with the Vice-President, chosen for the 
 States. 
 
 same time, he is elected as follows : 
 
 Mode of Each State shall appoint, in such manner as the 
 
 election. 
 
 <( legislature thereof may direct, a number of electors, 
 " equal to the whole number of senators and repre- 
 (C sentatives 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 an elector.* 
 
 " 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 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 Vice-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, 
 
 6. By electors to be chosen by the people in districts. James 
 
 Wilson, of Pennsylvania. 
 
 7. By electors to be appointed by the State Legislatures. Oliver 
 
 Ellsworth, of Connecticut. 
 
 8. By electors to be taken by lot from the National Legislature. 
 
 James Wilson, of Pennsylvania. 
 
 9. By the National Legislature, each State having one vote. 
 
 10. By the direct vote of the whole people. 
 
 11. By electors to be chosen for each State, in such manner as the 
 
 Legislature thereof may direct. Committee of August 31st, 
 1787. Adopted. 
 
 North American Review, February, 1885. " How shall the President 
 be elected ? " 
 
 Kandolph, of Virginia, pleaded for an executive body of three mem 
 bers, one from each of the three geographical divisions of the country. 
 (" Constitutions of the United States," by Bancroft, Vol. 2, p. 24.) 
 * " Constitution of the United States," 1787, article IL, section 1. 
 
PARLIAMENT. 179 
 
 " directed to the President of the Senate.* The Presi- United 
 
 States. 
 " dent of the Senate shall, in the presence of the Senate 
 
 " and the House of Eepresentatives, open all the certi- 
 " ficates, and the votes shall then be counted, f The 
 
 * The Act of Congress, February 3rd, 1887, prescribes that the 
 electors of each State shall meet and give their votes on the second 
 Monday in January n^.-.t following their appointment, at such place in 
 each State as the legislature of such State shall direct. 
 
 That Congress shall be in session on the second Wednesday in 
 February sncceediDg every meeting of tin electors. 
 
 The Senate and House of Representatives shall meet in the hall of 
 the House of Representatives, at the hour of one o'clock in the after- 
 noon on that day, and the President of the Senate shall be the presid- 
 ing officer. Two tellers shall be previously appointed on the part of 
 the Senate, and two on the part of the House of Eepresentatives, to 
 whom shall be handed, as they are opened by the President of the 
 Senate, all the certificates and papers purporting to be certificates of 
 the electoral votes, which shall be opened, &c., in the alphabetical order 
 of States ; and the said tellers having then read the same in the 
 presence and hearing of the two Houses, shall make a list of the votes, 
 and, having counted them, they shall be declared by the President. If 
 there are any objections to a vote or paper, the two Houses are to 
 withdraw and to decide separately. If they agree concurrently, the 
 vote may be disallowed, but if not it shall be counted. Whilst the two 
 Houses are in meeting no vote or debate is allowable, and no question 
 shall be put, except to either House on a motion to withdraw. 
 
 When the two Houses separate to decide upon an objection to any 
 electoral vote, each senator or representative may speak to such 
 objection or question for five minutes, but after a debate of two hours 
 the main question shall be put without further debate. The joint 
 meeting is not to be dissolved until the result has been declared, but if 
 the Houses are sitting separately on an objection, they may adjourn 
 until the next day at 10 o'clock. 
 
 But if the counting is not concluded before the fifth calendar day 
 next after such first meeting of the two Houses, no further or other 
 recess shall be taken. 
 
 f Originally the person who received most votes was deemed to 
 have been chosen President, and the person who stood second Vice- 
 President. This led to confusion, and was accordingly altered by the 
 twelfth constitutional amendment, adopted in 1804, which provides 
 that the President and Yice-President shall be voted for separately. 
 " The American Commonwealth," by James Bryce, M.P., Yol. I., p. 50. 
 
 2 
 
180 CONSTITUTION OF 
 
 United " person having the greatest number of votes for Pre- 
 " sident 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 President, 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 members from two-thirds of 
 " the States, and a majority of all the States shall be 
 " necessary to a choice. And if the House of Repre- 
 " sentatives shall not choose a President, whenever 
 " the right of choice shall devolve 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 Yice-President, if such 
 
 * Only twice has the election gone to the House. In 1800, when the 
 rule still prevailed that the candidate with the largest number of votes 
 became President, and the candidate who came second Vice-President, 
 Jefferson and Aaron Burr received the same number. The Jeffer- 
 sonian electors meant to make him President, but as they had also 
 all voted for Burr there was a tie. After a long struggle the House 
 chose Jefferson. 
 
 In 1824 Andrew Jackson had 99 electoral votes, and his three com- 
 petitors (J. Q. Adams, W. H. Crawford and Henry Clay) 162 votes 
 between them, so that Jackson wanted 32 of an absolute majority. 
 The House chose J. Q. Adams by a vote cf 13 States against seven for 
 Jackson and four for Crawford. " The American Commonwealth," by 
 James Bryce, M.P., Vol. I., p. 59. 
 
PARLIAMENT. 181 
 
 " number be a majority of tlie whole number of electors United 
 
 States. 
 " appointed, and if no person have a majority, then 
 
 " from the two highest numbers on the list the Senate 
 " shall choose the Yice-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 ineligible to the office of President 
 " shall be eligible to that of Yice-President of the 
 " United States.* 
 
 " The Congress may determine the time of choosing 
 ee the electors, and the day on which they shall give 
 ' ' their votes ; which day shall be the same throughout 
 " the United States. 
 
 " Xo person except a natural born citizen, or a 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 the age of 
 " 35 years, and been 14 years a resident within the 
 " United States. 
 
 " Before he enters on the execution of his office 
 " he shall take the following oath or affirmation : 
 " ' I do solemnly swear (or affirm) that I will faithfully 
 Ci ' 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/ "t 
 
 It will be seen, by the above extracts from the Con- jiodeof 
 stitution, that the method of election is left to each State, 
 and in the earlier days many States entrusted the choice 
 
 * Twelfth amendment to the Constitution (in lien of the third 
 section of the second article), ratified 1804. 
 f Article II., section 1. 
 
182 CONSTITUTION OF 
 
 United to their legislatures, whilst in some the electors were for 
 a time chosen by districts, like members of the House of 
 Representatives. But as democratic principles became 
 developed, all the States have followed the precedent 
 originally set them by Virginia, Pennsylvania, and 
 Maryland, of choosing the electors by direct popular 
 vote. The parties nominate their respective candidates, 
 a great amount of canvassing follows for about four 
 months, and early in November the polling takes place 
 on the same day over the whole Union. Each party 
 runs its list of Presidential electors, who are bound to 
 vote for the party's candidate, and the result virtually 
 settles who is to be the new President, because the sub- 
 sequent meeting and voting of the electors in their 
 several States is a mere matter of form. In the case 
 of any doubt as to the legality of any electoral vote in a 
 State, the matter is determined by tribunals appointed 
 in each State, under an Act passed in 1887; if no such 
 tribunal has been appointed, the two Houses of Con- 
 gress determine which votes (in case of double returns) 
 are legal. If the Houses differ, the vote of the State is 
 lost. 
 
 The term of office fixed for a President is four years, 
 but he can be re-elected, and nothing but custom 
 prevents him from being elected more than twice. In 
 case of the removal of a President by his impeachment, 
 or of his death, resignation, or inability to discharge his 
 duties, the Vice-President, who is President of the 
 Senate under the provisions of the Constitution, was to 
 succeed, and, failing him, the presiding officer of the 
 Senate and the Speaker of the House of Represen- 
 tatives; but in 1886 an Act was passed, providing that, 
 in the case of the removal, death, resignation, or inability 
 of both the President and Vice-President of the United 
 
PARLIAMENT. 183 
 
 States, the Secretary of State shall succeed, and. after United 
 
 States, 
 him, other members of the administration, in order of 
 
 their rank. 
 
 We will now proceed to state shortly what are the Powers and 
 powers and duties of the President. The Constitution President, 
 lays down that he 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. 
 
 Subject to the advice and consent of two- thirds of 
 the Senate, he can make treaties, and also, with the 
 consent of the Senate, appoint ambassadors, ministers, 
 consuls, judges oE the Supreme Court, and all other 
 officers of the United States whose appointments are not 
 otherwise provided for. 
 
 He can grant reprieves and pardons for offences 
 against the United States, except in cases of impeach- 
 ment.* 
 
 It is his duty from time to time to give to Congress in- 
 formation of the state of the Union, and recommend to 
 their consideration such measures as he shall judge neces- 
 sary and expedient, f On extraordinary occasions he can 
 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 
 
 * Unlike " the executive power " in most of the modern constitu- 
 tions, the American President is not a member of the Legislature at all. 
 He cannot initiate legislation, and can merely recommend such 
 measures as he thinks desirable in his annual message to Congress. 
 Before 1801, when Jefferson became President, it was usual for the 
 President to deliver his address orally in the presence of Congress, but 
 since that time it has always been written and forwarded to Congress. 
 " The American Commonwealth," by James Bryce, M.P., Vol. I., pp. 
 72-73. 
 
 f Article II., sections 2 and 3. 
 
184 CONSTITUTION OF 
 
 United lie may think proper. He can disagree with any bill 
 which has been passed by Congress, but subject to the 
 power of Congress to finally pass the same, after re- 
 constitution, by a two-thirds majority in each House. 
 It is his duty to receive foreign ambassadors, and to 
 take care that the laws be faithfully executed. 
 
 The cabinet. Though there is no Cabinet in the English sense of 
 the word,* the President appoints from among his own 
 party the heads of the seven Government departments. 
 These ministers carry on the business in their different 
 offices under the supervision of the President, and are 
 more in the position of head clerks than responsible 
 advisers. They cannot be members of Congress, and as 
 they are not responsible to that body, are in no way 
 affected by any vote of censure which might be passed. 
 They are responsible to the President alone, who is 
 responsible to the country and not to Congress. 
 Indirectly, Congress can affect them by delaying to 
 vote the estimates, as was done in 1877 in the case of 
 the army estimates, and, in consequence, the troops did 
 not receive any pay for three months. 
 
 The senate. T ne Senate is composed of two senators from each 
 
 * Various proposals were made. That the President should consult 
 the heads of the principal departments. The committee of detail 
 reported that " the Privy Council of the President of the United States 
 " shall consist of the President of the Senate, the Speaker of the House 
 " of Representatives, the Chief Justice of the Supreme Court, and the 
 " principal officer in each of the five departments, as they shall from 
 " time to time be established ; their duty shall be to advise him iu 
 " matters which he shall lay before them ; but their advice shall not 
 " conclude him, nor affect his responsibility." 
 
 An executive council was also proposed to be appointed by the 
 Legislature or the Senate, and to consist of two members from the 
 Eastern, two from the middle, and two from the Southern States, with 
 a rotation and duration of office similar to that of the Senate. 
 " Constitutions of the United States," by Bancroft, Vol. 2, pp. 189-190. 
 
PARLIAMENT. 185 
 
 State,, chosen by the legislature thereof for six years, United 
 
 StcltCS* 
 
 and each senator has one vote, and is re-eligible.* 
 
 The first Senate elected under the provisions of Division into 
 
 three classes. 
 
 Section 3, Article I. of the Constitution was divided 
 into three classes, the first class retiring at the end of 
 the second year, the second at the end of the fourth 
 year, and the third at the end of the sixth year. The 
 vacancies having been immediately filled up, it follows 
 that now one-third retire every two years, so that the 
 whole body is renewed in a period cf six years, the old Term of 
 members being thus at any given moment twice as 
 numerous as the new members elected within the last 
 two years. If vacancies happen, by resignation or other- 
 wise, during the recess of the legislature of any State, 
 the executive thereof may make temporary appoint- 
 ments until the next meeting of the legislature, which 
 then fills such vacancies. 
 
 No person can be a senator who is not 30 years Qualification 
 
 of senators. 
 
 of age and has not been nine years a citizen of the 
 United States, and who is not, when elected, an in- 
 habitant of that State for which he is chosen. 
 
 Each State, whether small or great, elects two Number of 
 
 ' senators in 
 
 senators through its State legislature, each House of each state - 
 which is required, under a federal statute passed in 
 
 * For the term of office of the senators, who as all agreed were to 
 go out in classes, Eandolph proposed seven years ; Cotesworth Picker- 
 ing four; Graham and Wilson six, with biennial rotation. Read 
 desired the tenure of good behaviour, but hardly finding a seconder 
 moved for a term of uiue years, as the longest which had a chance of 
 support. 
 
 The term of nine years received only the votes of Pennsylvania, 
 Delaware and Virginia ; and that for six years, with the biennial 
 renewal of one-third of its members, was carried by tho voice of seven 
 States against four. " Constitutions of the United States, 7 ' by Ban- 
 croft. Vol. 2, pp. 56-57. 
 
186 CONSTITUTION OF 
 
 United 1866, to vote separately, and if the choice of both. 
 Houses does not fall on the same person, then the 
 election is decided by a joint vote of both Houses, a 
 majority of each House being present. The two senator- 
 ships from the same State are never vacant at the same 
 time, so that the two senators may possibly belong 
 to opposite parties, being chosen in different years. 
 Since they vote as individuals, it may so happen that 
 the vote of any particular State may have no effect on 
 the result of a division. 
 
 The theory of the American Constitution is that the 
 Senate represents the people as organised in States, 
 while the members of the House of Representatives are 
 returned on a simple population basis. The double 
 representation, not varying with the size or importance 
 of the State represented, was borrowed from the esta- 
 blished system in this country, where, before the era of 
 Parliamentary reform, every county, large or small, 
 populous or half deserted Yorkshire and Rutland, 
 Middlesex, Huntingdonshire and Cumberland sent two 
 knights of the shire to the House of Commons, so that, 
 as was commonly argued, the constituency should not 
 be left without a spokesman through the accidental 
 absence of one of its members. 
 
 The Senate differs from other upper houses of 
 foreign legislatures in that it exercises executive as 
 well as legislative functions. Its powers are indirect 
 and administrative, rather than direct and legislative. 
 It approves or disapproves the President's nomination 
 of Federal officers, including judges, ministers of state 
 and ambassadors ; and all treaties made by the Presi- 
 dent must be approved by a majority of two-thirds of 
 those present, or else fall to the ground. In its judicial 
 capacity it acts as a court for the trial of impeachments 
 
PARLIAMENT. 
 
 187 
 
 proposed by the House of Representatives. Its legis- United 
 lative functions are limited by the sharp distinction 
 drawn by the Constitution between Federal and State 
 legislation, and,, with the exception that it cannot 
 originate money bills, are the same as those enjoyed 
 by the House of Representatives, whilst any legislation 
 which may be adjudged to be beyond the provisions of 
 the Constitution, can be declared null and void by the 
 Supreme Court. 
 
 The Yice-President of the United States is President vice-Presi- 
 
 dent ex 
 
 of the Senate, but has no vote, unless the votes are 
 equally divided. Being elected by the people, he occu- ^ 
 pies the chair in virtue of his office, and therefore need 
 not be a senator. The Senate chooses its other officers, 
 and also a temporary President, in the absence of the 
 Vice-President, or when he exercises the office of Presi- 
 dent of the United States. 
 
 The Senate has the sole power to try all impeach- impeach- 
 
 ments. 
 
 ments. When sitting for that purpose its members are 
 on oath or affirmation. When the President of the 
 United States is tried, the Chief Justice presides ;* and 
 no person can be convicted without the concurrence of 
 
 * For relief from a bad selection of the executive, John Dickinson, 
 of Delaware, who did not like the plan of impeaching the great 
 officers of State, proposed a removal on the request of a majority 
 of the legislatures of the individual States. Sherman -would give 
 that power to the National Legislature. The tribunal for his arraign- 
 ment was at first the Supreme Court of the United States; but 
 they would be few in number; the President after condemnation might 
 be farther amenable to them ; and besides they would be of his appoint- 
 ment. 
 
 Hamilton had suggested a forum composed of the Chief Justice of 
 each State. 
 
 As the Yice-President, on the President's removal, would succeed 
 to his place, the Chief Justice was directed to preside on the trial. 
 " Constitutions of the United State?/' by Bancroft, Vol. 2, pp. 23. 193. 
 
188 
 
 CONSTITUTION OF 
 
 United 
 
 Number of 
 
 senators. 
 
 House of 
 
 Representa- 
 
 S u represen- n 
 
 Number of 
 
 representa- 
 tives, 
 
 two-thirds of the members present. Judgment in cases 
 of impeachment does not extend further than to removal 
 from office and disqualification to hold and enjoy any 
 office of honour, trust, or profit under the United States ; 
 but the party convicted is nevertheless liable and subject 
 to indictment,, trial, judgment, and punishment, accord- 
 ing to law. 
 
 The number of senators at the present time is 84, two 
 for each of the 42 States, four new States, viz., North 
 and South Dakota, Washington and Montana, having 
 been admitted to the Union during the year 1889, 
 
 The House of Representatives consists of members 
 cnosen e ^ er 7 second year by the people of the several 
 States, and the electors in each State are required to 
 have the same qualifications as are necessary for electors 
 of the most numerous branch of the State Legislature. 
 It represents the nation on the basis of population, as 
 tne Senate represents the States. No person is eligible 
 to be a representative unless he has attained to the age 
 of 25 years, has been seven years a citizen of the United 
 States, and is resident in the State for which he has 
 been chosen. 
 
 The present number of representatives is 325, or 
 33Q |f the five representatives of the four new States are 
 included, or at the rate of about one to 154,325 of the 
 population.* Every Territory also sends a delegate, 
 who may take part in the debate, but has no vote. 
 
 * The Act of February 25tli, 1882, enacts as follows, viz. : That after 
 the 3rd of March, 1883, the House of Representatives shall be com- 
 posed of 325 members, to be apportioned among the several States as 
 follows : Alabama, 8; Arkansas, 5; California, 6; Colorado, 1 ; Con- 
 necticut, 4 ; Delaware, 1 ; Florida, 2 ; Georgia, 10 ; Illinois, 20 ; 
 Indiana, 13; Iowa, 11; Kansas, 7; Kentucky, 11; Louisiana, 6; 
 Maine, 4; Maryland, G; Massachusetts, 12 ; Michigan, 11; Minnesota, 
 
PARLIAMENT. 189 
 
 The Congress assembles at least once in every year, United 
 
 States, 
 and on the first Monday in December, unless a different Time of 
 
 day be appointed by law. Every alternate session is a& 
 held on the 4th March, when the term of service of the 
 representatives and of one-third of the senators comes 
 to an end. 
 
 The usual hours of meeting of the House of Repre- Hours of 
 sentatives at Washington are from noon to half -past 4 the Lower 
 in the afternoon; when, however, there is a press of 
 business a recess is usually taken from half -past 4 until 
 half-past 7 at night, when the House sits for two or 
 three hours, according to the amount of work on hand. 
 
 At the close of a session it is usual to change the 
 hour of meeting from 12 o'clock m. to 10 or 11 a.m., but 
 limiting the order to the "present session/' If this 
 exception is not made the order continues in force at a 
 subsequent session. It is a singular circumstance that 
 there is no constitutional or legal enactment fixing the 
 hour of meeting at a first session of Congress, and that 
 no record of the hour of meeting is to be found in the 
 journals of either House of Congress, except in cases 
 where Congress was convened by the President in extra 
 session. 
 
 The Senate usually meets at 12 o'clock. The senate. 
 
 The remuneration of each senator, representative and salaries. 
 delegate is 5,000 dollars per annum, payable at the end 
 of each month ; and, in addition thereto, mileage at the 
 
 5 ; Mississippi, 7 ; Missouri, 14 ; Nebraska, 3 ; Nevada, 1 ; New 
 Hampshire, 2 ; New Jersey, 7 ; New York, 34 ; North Carolina, 9 ; 
 Ohio, 21 ; Oregon, 1 ; Pennsylvania, 28 ; Rhode Island, 2 ; South 
 Carolina, 7 ; Tennessee, 10 ; Texas, 11 ; Yermont, 2 ; Virginia, 10 ; 
 West Virginia, 4 ; Wisconsin, 9. 
 
 Section 2. That whenever a new State is admitted to the Union 
 the representative or representatives assigned to it shall be in addition 
 to the number 325. 
 
190 CONSTITUTION OF 
 
 United rate of 20 cents per mile, to be estimated by the nearest 
 route usually travelled in going to and returning from 
 each regular session. The salary of the President of the 
 United States is 50,000 dollars a year, and of the Vice- 
 President, Speaker of the House of Representatives,, and 
 Heads of Departments, 8,000 dollars. 
 
 Time of The elections are held on the Tuesday next following 
 
 elections* 
 
 the first Monday in November, in every second year 
 after the year 1876. Thus the election of every second 
 Congress coincides with that of a President. The House 
 does not, in the regular course of things, meet until a 
 year has elapsed from the time when it has been elected, 
 though tliD President has the power of convoking it 
 
 Vote by sooner. All votes for representatives in Congress must 
 be given by written or printed ballot ; and all votes 
 received or recorded in a contrary manner are of no 
 effect. This rule does not apply, however, to any State 
 voting otherwise, whose election for representatives 
 occurs previous to the regular meeting of its legislature 
 next after the 28th February, 1871.* 
 
 Political What is the difference between a Democrat and a 
 
 parties. 
 
 Republican? is a question very frequently asked 111 
 England, which seldom receives a very satisfactory 
 answer. Though the history of party begins with the 
 commencement of the Union, it does not seem that the 
 above names were at such an early period used to 
 designate the political divisions in the country, 
 original In those days there were two parties, known as the 
 
 parties. * 
 
 Democratic Republicans and the Federalists. The former, 
 led by Alexander Hamilton, were in favour of States rights 
 and the autonomous sovereignty of each State, and are 
 the predecessors of the present Democrats; whilst the 
 
 Constitution of the United States of America and Smith's Digest. 
 
PARLIAMENT. 191 
 
 latter, under Jefferson, Secretary of State, disseminated United 
 the views which have been inherited by the present 
 Republicans, who are of opinion that the centralization 
 of authority in the hands of a National Government is 
 the best thing for the country. The question, however, 
 which really agitated the two great parties down to the 
 conclusion of the Civil War was the extension or abolition 
 of slavery. Victory declared itself with the Republicans ; 
 and after the conclusion of the Civil War, and the defeat 
 of the Southern States, slavery was abolished. The 
 result of the settlement of this great question was to 
 leave the two great parties little but their names, as far 
 as the issues which formerly divided them are concerned. 
 Besides the Republican and Democratic parties there are smaller 
 some smaller parties; as any section of men who nomi- 
 nate candidates of their own for the Presidency and Vice- 
 Presidency are deemed to be a national party, viz., the 
 Greenbackers, the Knights of Labour, and the ProM- 
 bitionists. The two first have very similar views, as they 
 both advocate the issue of paper money, the nationali- 
 sation of land, the imposition of a progressive income 
 tax, the purchase of railroads by the National Govern- 
 ment, the prevention of the immigration of the Chinese, 
 as well as the statutory restriction of the hours of labour. 
 The Prohibitionists are in favour of the legal prohibition 
 by Congress of the manufacture and sale of intoxicating 
 beverages in the territories and the district of Columbia, 
 the liquor traffic being in the other parts of the Union 
 subject to the State legislatures. Besides these, there 
 are the women's suffrage party and the Mugwumps. 
 The former has made but little progress, as the territory 
 of Wyoming is the only place where a woman enjoys the 
 electoral franchise. The privilege of voting was also given 
 to women in the territories of Utah and Washington, but 
 
192 CONSTITUTION OF 
 
 United W as afterwards disallowed in the former case by a 
 States. 
 
 Federal law, and in the latter by a decision of the United 
 
 States Territorial Court, on the ground that the Act of 
 Congress, organising the territorial legislature, does not 
 empower it to extend the suffrage to women. The latter 
 decision is more especially important, as otherwise, since 
 Washington territory has become a State, women would 
 have been entitled to vote for representatives in Congress. 
 The Mugwumps was the name given to a few Republicans 
 who are in favour of civil service reform, and seceded 
 from their party in 1884, and supported Mr. Cleveland, 
 the Democratic candidate for the Presidency. The name 
 is derived from an Indian word denoting a chief or aged 
 
 existing policy of the two great parties was 
 shown recently during the Presidential contest of 1888. 
 President Cleveland, in his address on offering himself 
 for re-election, declared that the Democratic policy was 
 the enforcement of frugality in the public expenses and 
 the abolition of unnecessary taxation; whilst the Re- 
 publican party announced that they were in favour of 
 the American system of protection, and would effect all 
 needed reduction of the national revenue by repealing 
 the taxes on tobacco, ' ' which are an annoyance and a 
 " burden to agriculture ; and the tax upon spirits used 
 " in the arts and for mechanical purposes ; and by such 
 (t a revision of the tariff laws as will tend to check the 
 " imports of such articles as are produced by our people, 
 " and the production of which gives employment to our 
 " labour ; and by the release from import duties of those 
 c( articles of foreign production, except luxuries, the like 
 
 * " The American Commonwealth," by James Bryce, M.P., Vol. IL, 
 pp. 324-374. 
 
PARLIAMENT. 193 
 
 " of which cannot be purchased at home. And that, United 
 " should there still remain a larger revenue than is 
 " requisite for the wants of the Government, they were 
 " in favour of the entire repeal of internal taxes, rather 
 " than the surrender of any part of our protective system 
 " at the joint behest of the whisky ring and the agents 
 " of foreign manufactures/' 
 
 The following- was the state of the parties at the state of 
 
 parties, 50th 
 
 beginning of the second session of the 50th Congress Congress. 
 December 3rd, 1883. In the Senate : Republicans, 38; 
 Democrats, 87; Eeadjuster, 1. John J. Ingalls, of Kan- 
 sas, President pro tempore. In the House of Represen- 
 tatives: Democrats, 165 ; Republicans, 152; Indepen- 
 dents, 3 ; Fusionists, 2 ; with three seats vacant. J. G-. 
 Carlisle, Speaker. * With the admission of the four new 
 States of North and South Dakota, Washington and 
 Montana, six Republicans, and two Democrats have been 
 added to the Senate ; and four Republicans and one 
 Democrat to the House of Representatives. 
 
 It is provided, by Article V. of the Constitution, that ^" dment 
 the Congress, whenever two-thirds of both Houses shall constitution. 
 deem it necessary, shall propose amendments to the 
 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 the 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 rati- 
 fication may be proposed by the Congress. 
 
 The Constitution has been amended on six different 
 occasions, and 15 articles have been added to it, and 
 
 * Annual Register, 1888, 
 
 O 
 
194 CONSTITUTION OF 
 
 United on every occasion the amendments have been made by 
 Congress itself, and have been ratified by the legislatures 
 of three-fourths of the several States, the alternative of 
 calling conventions not having been adopted in any case. 
 The following are some of the penalties which the 
 law prescribes for the prevention of corrupt practices : 
 
 pSce s an Every judge, inspector, or other officer of election 
 
 penalties. w hose duty it is to receive, count, certify, &c., the vote 
 of any citizen entitled to vote, and who refuses so to do, 
 is liable to forfeit the sum of 500 dollars to the party 
 aggrieved ; and any officer who unlawfully hinders any 
 person from voting at any election is liable to the same 
 penalty, to be recovered by action, with costs, by the 
 party aggrieved. 
 
 intimidation. Any person guilty of preventing a citizen from voting 
 at any election, or who is guilty of intimidating voters by 
 bribery or threats, is liable to a fine of 500 dollars, or 
 to imprisonment of not less than one month nor more 
 than a year, or to both. 
 
 Conspiracy. j conspiracy of two or more persons to injure or 
 intimidate a citizen in the exercise of his civil rights is 
 punishable by a fine of not more than 5,000 dollars, and 
 to imprisonment for not more than 10 years, with in- 
 eligibility to any office or place of honour, profit, or trust 
 created by the constitution or laws of the United States. 
 
 Personation. Any person guilty of personation, or of unlawfully 
 voting at the election of any representative, or delegate 
 of Congress, or who knowingly receives the vote of any 
 person not entitled to vote, or advises any person to do 
 such an unlawful act, may be punished by a fine of 
 500 dollars or less, or by imprisonment of not more than 
 three years, or by both, and shall pay the costs of the 
 prosecution. Any person guilty of fraudulent registra- 
 tion is also subject to the above penalties. 
 
PARLIAMENT. 195 
 
 Every officer of the army or navy, or other person in United 
 the civil, military,, or naval service of the United States, Introdu ' ction 
 
 who unlawfully brings troops to any place where 
 election is "being held in any State, unless such force is 
 necessary to repel the armed enemies of the United 
 States, or to keep the peace at the polls, shall be fined 
 not more than 5,000 dollars, and suffer imprisonment 
 with hard labour for not less than three months nor 
 more than five years. 
 
 Every officer or other person in the military or naval 
 service who is guilty of intimidation, is liable to be fined 
 not more than 5,000 dollars, and to be imprisoned 
 with hard labour for not more than five years. Any 
 person guilty of these offences is also disqualified from 
 holding any office of honour, profit, or trust under the 
 United States.* 
 
 State Constitutions.-]- 
 
 By the constitutions of all except New York, Penn- 
 sylvania, Ohio, Wisconsin, Kansas and Delaware, the 
 powers of government are divided into three distinct 
 departments the legislative, executive and judicial. 
 
 There is in all the States and territories a legislature, state legis- 
 
 latures. 
 
 In 20 it is called the general assembly ; in Oregon 
 and all the territories, the legislative assembly; and in 
 Xew Hampshire and Massachusetts, the general court, 
 consisting of a senate (in the territories a council) and 
 a house of representatives, called in New York, Win- 
 consin, California, Nevada and Florida, the assembly ; 
 in Maryland, Virginia, West Virginia, the house of 
 delegates ; and in New Jersey, the general assembly. 
 
 * Revised Statutes, Title XXVI. 2008 LXX. 3506, &c., 1st Ed. 
 f Stimson American Statute Law, 1886. " Federal and State Con- 
 stitutions," by B. P. Poore, 1878. 
 
 O '1 
 
196 CONSTITUTION OF 
 
 United In all the States there is a governor,, who is the 
 
 Executive executive authority, and generally a lieutenant-governor. 
 But when there is no lieutenant-governor, the president 
 of the senate succeeds if the governor dies or becomes 
 incapable. His powers in his State are similar to those 
 of the President of the Union. The following are some 
 of the qualifications required in the various States : 
 Governor, No person, in 11 States, can be a governor unless he 
 
 is a citizen of the United States; in three he must 
 have been so for two years ; in five, for five years ; in 
 Florida, nine years; in four, 10 years; in one, 12 
 years; in Georgia, 15 years; and in New Jersey and 
 Mississippi, 20 years. He must also have been resident 
 for periods varying from one year to 10. 
 
 In some States the governor must not be less than 
 25 years of age, in most 30 years, and in two (Ken- 
 tucky and Missouri), 35. 
 
 In Delaware he is not eligible a second time for 
 office. In Tennessee he is not eligible for more than 
 six years in any term of eight. So in Oregon, for not 
 more than eight years in any period of 12 years. In 
 Indiana, for not more than four years in any term of eight. 
 
 By the constitutions of seven States, the governor 
 is not eligible for re-election for any two successive 
 terms, unless the office devolved upon him. In Georgia, 
 he is ineligible for four years after the second term. 
 
 In Massachusetts, he must be possessed of a freehold 
 estate, in his own right, of the value of 1,000. 
 
 He is elected directly by the people, and, not like 
 the President, through a college of electors. His term 
 of office varies from four years in 16 States, to three 
 years in three States; two years in 18 States, and a 
 year in two States (Massachusetts and Rhode Island). 
 
 State legislatures vary exceedingly as to their 
 
 composition. 
 
PARLIAMENT, 197 
 
 numbers. Taking first the 13 States, which originally United 
 formed the Union, we find that Connecticut has 21 
 senators and 241 representatives; Delaware, 9 senators 
 and 21 representatives; Georgia, 44 senators and 175 
 representatives; Maryland, 26 senators and 85 repre- 
 sentatives ; Massachusetts, 40 senators and 240 repre- 
 sentatives; New Hampshire, 12 senators and 348 re- 
 presentatives, the largest number in the Union ; New 
 Jersey, 21 senators and 60 representatives; New York, 
 32 senators and 128 representatives; North Carolina, 
 50 senators and 118 representatives; Pennsylvania, 50 
 senators and 201 representatives ; Rhode Island, 36 
 senators and 72 representatives; whilst South Carolina 
 and Virginia have respectively 33 and 42 senators and 
 124 and 132 representatives. Such is the present re- 
 presentation of the 13 original States. Alterations 
 having been made from time to time by apportionment 
 bills and amendments to the State constitutions. 
 
 Taking a few more at random, it will be seen that 
 Alabama has 33 senators and 100 representatives ; 
 Arkansas selects 31 senators and 93 representatives ; 
 California, 40 senators and 80 representatives ; Indiana 
 and Iowa, each, 50 senators and 100 representatives. The 
 Vermont Houses number 30 and 236 respectively ; those 
 of Kentucky, 38 and 100; and of Maine, 31 and 149. 
 
 In four of the Territories the number of the chamber 
 is double that of the council, Arizona having nine 
 councillors and 18 members; whilst Idaho, New 
 Mexico and Utah have 13 and 26 respectively ; the 
 number in Wyoming being 9 and 13.* 
 
 * The Bill for the admission of Wyoming as a State passed the 
 House of Representatives 28th March, 1890, and provides for female 
 suffrage. See The Times, March 29th, 1890, p. 7. 
 
198 CONSTITUTION OP 
 
 United Both, the Senate and the House are in all States 
 
 Time of elected at the general election day, and vacancies in 
 
 election. either House are generally filled in the same way by 
 
 special election; but in New Hampshire and Maine 
 
 vacancies are so filled by election only in the House ; a 
 
 vacancy in the Senate is filled by joint ballot of the 
 
 legislatures ; so in Massachusetts, vacancies in the Senate 
 
 are filled by special election, upon the order of a 
 
 majority of the senators elected. 
 
 nators ' ^ sena ^ or ^7 the constitution of most States is elected 
 
 for four years, in New Jersey for three years, in several 
 for two years, and in two (Massachusetts and Rhode 
 Island) for one year. 
 
 Half the senators are in many States elected at each 
 general election, the other half ^holding over ; but in two, 
 one-third are elected at each general election, the others 
 keeping their seats. 
 
 state repre- Representatives are usually elected for two years, but 
 in Louisiana they are elected for four years, and in 
 Massachusetts, Rhode Island, New York and New Jersey, 
 their tenure of office is only for one year. As a rule no 
 person can be a State senator who is not a citizen of the 
 United States, and in Maine he must have been thus 
 qualified for four years. 
 
 Residence in the State is also required for terms 
 varying from one year in eight States, to four years in 
 five; six years in one (Kentucky) and seven years in one 
 (New Hampshire) ; besides which he must have been 
 usually resident in the senatorial district for which he 
 is a candidate for various periods ranging from one year 
 to three months ; and in Illinois and Louisiana for two 
 
 years. 
 
 ator- 
 ship ' have paid a state and county tax within one year of 
 
 for aSator- ^ ^ e ^g^le as a State senator a candidate must 
 
PARLIAMENT. 
 
 election. By the constitution of Delaware, no person United 
 can be a senator who is not possessed of a freehold 
 estate of 200 acres, or a personal or mixed estate of the 
 value of 1,000. 
 
 By the constitution of fourteen States, no person can Qualification 
 
 J for the office 
 
 be a representative in the Lower House of the State ^e resen> 
 legislature who is not a citizen of the United States ; 
 and in Maine he must have been so for five years. And 
 in many he must have been resident in the State for a 
 certain period varying from one year in seven of the 
 States, to five years in two (Illinois and Louisiana). In 
 nine of the States he must also be a qualified elector of 
 the State, and in nearly, if not quite all, he must have 
 been resident in the district for which he is chosen for a 
 period varying from 60 days in Iowa to two years in 
 Illinois and Louisiana. 
 
 In thirteen States a representative loses his seat if 
 he ceases to reside in the district, and in six he must 
 be a qualified elector in such district. 
 
 In fourteen States a candidate must be 21 years of Age of 
 
 candidate. 
 
 age at the time of his election, in three 24 (Delaware, 
 Kentucky and Missouri), and in Colorado 25. 
 
 In Massachusetts the constitution forbids any pro- 
 perty qualification for the State legislature or council. 
 
 The following persons are disqualified from sitting in 
 the State legislature. 
 
 In Nebraska, any person interested in a contract 
 with, or an unadjusted claim against, the State. 
 
 In Delaware, any person concerned in any army or 
 navy contract. 
 
 In West Virginia, any salaried officer of a railroad. 
 
 In Kansas and Georgia, every person convicted of 
 embezzlement of the public funds. 
 
 In Delaware, every person who has served as State 
 
200 CONSTITUTION OF 
 
 United treasurer, before his accounts have been settled and 
 
 States. -,. T 
 
 discharged. 
 
 In Georgia, any person who has not paid his legal 
 taxes. 
 
 In West Virginia and South Carolina, any person 
 who has been convicted of bribery, perjury, or other 
 infamous crime ; or who has not accounted for public 
 money intrusted to him. 
 
 In most States provision is made by the constitution 
 that members of the legislature shall receive compensa- 
 tion. In several it cannot be increased or diminished 
 during the term for which they are elected; and in two 
 (Missouri and Texas) it cannot be altered at all by the 
 legislature at any time, the amount being fixed by the 
 constitution."* 
 
 In fourteen States no member of Congress is eligible 
 for the State legislature. 
 
 Members of the legislature are, by the constitutions 
 Oath. of most of the States, required to make oath to support 
 
 the National and the State (if in a State) constitutions ; 
 and in one (Arkansas), to support the Union; and in 
 five, that they have not bribed anybody; and in four, 
 that they will not accept a bribe for giving or with- 
 holding a vote, or for doing any duty relating to their 
 office; and in three (Kentucky, Texas and Nevada), that 
 they have not been concerned in a duel. 
 
 Stem ^ e mo( ^ e ^ election is in 12 States by ballot; but in 
 
 Kentucky all elections by the people must be vivcl voce, 
 except that dumb persons may vote by ballot. By the 
 constitutions of nearly all, the person having the highest 
 
 * An annual or daily sum, varying in the first case from 150 dollars 
 in Maine to 1,500 dollars in Xow York, and in the latter from 1 dollar 
 to 8 dollars in Rhode Island and California respectively. 
 
PARLIAMENT. 201 
 
 number (in a plurality) of votes is declared duly elected ; United 
 but in Rhode Island, in all elections held by the people, 
 a majority of votes cast is necessary to a choice. 
 
 By the constitution of Illinois (each district voting Distribution 
 
 J 6 of votes. 
 
 for three representatives), each voter may cast as many 
 votes for each candidate as there are State representa- 
 tives to be elected, or may distribute his votes among 
 the candidates as he sees fit. 
 
 In nearly all the States and territories election day is Election day. 
 fixed by the constitution or statutes for the first Tuesday 
 after the first Monday in November : (1) biennially in 
 the even years in twenty-one States; (2) biennially in 
 the odd years in three States; (3) annually in nine 
 States ; the remainder vary as to their day. 
 
 The right of suffrage is given to every male citizen of Suffi-age. 
 the United States aged 21, or who has declared his 
 intention of becoming a citizen. 
 
 He must have been resident in the State for a period 
 varying from four months to two years and a half 
 immediately preceding the election, and for a shorter 
 period in the district or township. In eight States there 
 is a constitutional provision that there shall be no 
 property qualification, and in several that he shall have 
 paid certain taxes. In one territory (Wyoming) women 
 are entitled to vote in all respects like men. 
 
 In Connecticut and Massachusetts no person can vote 
 who cannot read the constitution, and in the latter 
 State, a person who cannot write his name is also dis- 
 franchised. 
 
 By the constitutions of most States no insane person 
 or idiot can vote. In eight States no pauper can vote; 
 nor any person convicted of " infamous crime," felony, 
 larceny, forgery, treason, perjury and bribery, &c. 
 
 In Kansas and Xevada, no person who has ever borne 
 
202 CONSTITUTION OP 
 
 United arms voluntarily against the United States (if in Nevada 
 such person was over 18 at the time), and in Nevada 
 no person who held civil or military office under the 
 Confederate States is entitled to vote. 
 
 Process of By the constitution of all the States, except Nebraska 
 
 impeach- 
 
 ment< and Oregon, an impeachment is first made by the House 
 of Representatives, and is tried by the Senate sitting as a 
 Court under oath, except in New York, when it is tried 
 by fche Senate and the judges of the Court of Appeals. 
 
 Number of Two-thirds of the senators elected must, in 15 States. 
 
 votes neces- 
 
 conviction concur for conviction ; and, in 19, two- thirds of the 
 senators present. In New Hampshire, Massachusetts, 
 Alabama and Mississippi, a vote of a quorum is 
 sufficient ; but in Nebraska the impeachment is first 
 made by the legislature in joint convention upon 
 resolution in either House ; and a majority of elected 
 members must concur; and it is then tried by the judges 
 of the Supreme Court. 
 
 Sipeach- ^e e ^ ec ^ ^ impeachment is, by the constitutions of 
 
 all but Maryland and Oregon, merely to remove from 
 office, and in all the States, except five, to disqualify 
 the person impeached from holding any other State 
 appointment. 
 
 A person impeached, whether convicted or not on the 
 impeachment, is nevertheless liable, by the constitutions 
 of all the States except Indiana and Maryland, to indict- 
 ment, trial and punishment according to law. 
 
 Expulsion of Bvthe constitution of thirty- two States either House 
 
 members. J " 
 
 may expel any of its members by a vote of two-thirds 
 of the elected members, and in Vermont, by a majority 
 vote of a quorum. But in twenty-five States no member 
 can be expelled a second time for the same cause, nor 
 in Vermont, Michigan or Arizona, for any cause known 
 to his constituents before his election. 
 
PARLIAMENT. 203 
 
 In Michigan and Arizona,, the reason for expulsion United 
 must be entered in the journal, with the names of the 
 members voting. 
 
 In Pennsylvania, Arkansas, Colorado and Alabama, 
 a member expelled for corruption is not thereafter 
 eligible for either House. 
 
 Each House has in thirty of the States power to punish Power of 
 
 punishment 
 
 its members for disorderly conduct ; and in many, 
 either House may punish any person, not a member, for 
 disorderly or contemptuous conduct, such punishment not 
 to extend beyond the final adjournment of the session; 
 and in others, by different terms of imprisonment, vary- 
 ing from 30 days to 24 hours. 
 
 The constitutions of all the States provide that each Qualification 
 House of the legislature shall judge of the qualifications, membera - 
 elections and returns of its members. 
 
 In most States it is provided that each House shall 
 choose its own officers; except in certain cases, the 
 president of the Senate, which place is filled (1) in 
 eighteen States by the lieutenant-governor, (2) in Rhode 
 Island by the governor or lieutenant-governor, or the 
 secretary of state. In all States it is enacted that 
 each House shall determine the rules of its own pro- 
 ceedings. 
 
 By the constitutions of nearly all of the States, a quorum. 
 majority of elected members in either House constitutes 
 a quorum ; but in five, two-thirds are necessary. In Xew 
 Hampshire, a majority is a quorum in the House ; but 
 when less than two-thirds are present, a two-thirds vote 
 is necessary to any act or proceeding; and in the ' 
 Senate, 13 are necessary to a quorum ; and when less 
 than 16 are present, a vote of 10 is necessary; and in 
 Massachusetts, 16 members constitute a quorum in the 
 Senate and 100 in the House. But a smaller number 
 
20 1 CONSTITUTION OF 
 
 United than a quorum may,, in thirty-two States, adjourn 
 from day to day, and compel the attendance of absent 
 members. 
 
 fpe e e e c d h l and Freedom of speech is guaranteed by the constitutions 
 
 from arrest. o f mos fc o f the States, as well as freedom from arrest 
 in all cases except treason, felony, and breach of the 
 peace during the session of the legislature, and in going 
 and returning. In Michigan, Wisconsin, California and 
 Arizona, the privilege from arrest (except as above) 
 lasts during the whole of the time that they are mem- 
 bers of the legislature. 
 
 usua?i edings ^ n mos t ^ the legislatures it is provided by the 
 
 public. constitutions that the proceedings shall be open to the 
 public, except on such occasions as may, in the opinion 
 of the House, require secrecy. 
 
 sessions. The regular session of the legislature is in one State 
 
 (Rhode Island) twice a year; in Massachusetts, New 
 York, New Jersey and South Carolina, once a year; and 
 in others every two years, in the even or the odd year, 
 as the case may be. 
 
 There are, however, often adjourned sessions held in 
 the intervening year, except in Pennsylvania, where 
 they are prohibited. 
 
 Limitation The length of the session is limited in many of the 
 
 of session. 
 
 States. Thus, in Indiana, the limit is 61 days ; in 
 Colorado and Georgia, 40 days ; in six States and two 
 territories, 60 days ; in Maryland, 90 days ; in Alabama, 
 50 days ; Western Virginia, 45 days. 
 
 Extra sessions on extraordinary occasions may be 
 convened by the governor, but no such extraordinary 
 session can be called in the territories without the 
 approval of the President of the United States. 
 
 In Virginia an extra session is convened on the 
 application of two -thirds of the members ; in Western 
 
PARLIAMENT. 205 
 
 Virginia, on the application of three-fifths of the elected United 
 members, except on extraordinary occasions. 
 
 In Western Virginia, Kentucky and Georgia the 
 ordinary session may be continued by a two-thirds vote, 
 and in Virginia the session may be continued for 30 
 days beyond the time limited, upon the concurrence of 
 three-fifths of the members. 
 
 By the constitutions of all the States, neither House Adjourn- 
 can adjourn, without the consent of the other, for more 
 than three or two days (as the case may be). 
 
 In most States, if the two Houses disagree with 
 respect to the time of adjournment, the governor may 
 adjourn the legislature to such time as he thinks proper, 
 with certain limitations, such as not beyond the first 
 day of the next regular session, in fifteen States ; for not 
 more than 90 days in New Hampshire, Massachusetts 
 and Delaware, and not exceeding four months in 
 Pennsylvania and Kentucky ; no limit being given in 
 Vermont and Georgia. 
 
 Amendments to the constitution of a State may be Amend- 
 proposed by the State legislature for confirmation by Comtim- 
 the people of the State (except in Kentucky and New 
 Hampshire), or the citizens may be asked to decide on 
 the advisability of holding a convention for the reform 
 of the constitution. If a convention is decided upon, 
 the amendments made by it are referred for ratification 
 or rejection to the vote of the people. The periods, 
 however, vary as to when this may be done. 
 
206 
 
 OPENING OF 
 
 CHAPTER II. 
 
 OPENING OF THE SESSION 
 
 AUSTKIA-HUNGARY . 
 
 Austria. 
 
 Meeting of 
 the two 
 Houses. 
 
 Upper 
 House. 
 
 Permanent 
 Bureau. 
 
 Lower 
 House. 
 
 Temporary 
 President. 
 
 Previous to the opening of the Imperial Parliament 
 by the Emperor of Austria, the members of both 
 Houses assemble in their Chambers, on the day fixed 
 by the imperial proclamation, and at the hour of which 
 they have received notice from their chancery officers. 
 
 In the Upper House, the President and the two 
 Yice-Presidents are appointed by the Emperor, and, 
 after one of the ministers of the Crown has introduced 
 them to the House, the President takes the chair. 
 
 The shape of the Chamber is semi-circular, the 
 Clerical party sitting on the right, the Conservatives 
 in the centre, and the Liberals on the left. 
 
 The Permanent Bureau is composed of the President, 
 Vice-Presidents, and Secretaries. 
 
 In the Lower House each deputy, provided with the 
 certificate of his return, has a seat and a vote unless 
 and until his election is declared by the House to be 
 void. New members have to deposit the certificate of 
 their election in the Chancery Office of the House. At 
 the commencement of the sittings the chair is taken 
 
THE SESSION. 207 
 
 temporarily by the eldest member on the motion of a Austria- 
 
 Hungary, 
 member of the Government. 
 
 The Chamber is semi-circular and in the form of an 
 amphitheatre. On the right are the Clericals, the 
 Feudals, the Czechs, and the Polish. In the centre, 
 Count Coronini's party, and on the left the united 
 German party, the national Germans, the Kuthenes 
 and the Italians. 
 
 In Austria no oath is taken bv the members of the Pariiamen- 
 
 tary oath 
 
 Legislative Assemblies, but they are obliged to make an 
 affirmation. 
 
 In both Houses the President, immediately after 
 taking the chair, requires all new members to promise 
 " Fidelity and obedience to the Emperor, observance of 
 f{ the constitutional and all other laws, and conscientious 
 " discharge of their duties." 
 
 Members elected after the commencement of the 
 session make the affirmation at their entry into the 
 House. If the President of the Upper House, or the 
 temporary President of the Lower House, is a new 
 member, the former has to make this affirmation in the 
 presence of the Emperor before the opening of the 
 session, the latter, before the Minister of State desig- 
 nated by the Emperor previous to taking the chair .* 
 
 Parliament is then solemnly opened in the presence opening of 
 of both Houses, with a speech from the Throne by the 
 Emperor, or by Commissioners specially appointed for 
 that purpose. 
 
 The state ceremony having been concluded, the Examination 
 
 r TT T f election 
 
 Lower House proceeds immediately to the examination returns. 
 
 * Reports upon the Political Oaths or Affirmations required from the 
 Members of Foreign Legislative Assemblies. &c. Miscellaneous, No. 3 
 (1882). 
 
208 OPENING OF 
 
 Austria- of the election certificates. For this purpose it is 
 Hungary. 
 
 divided by lot into nine sections, amongst which all the 
 
 election returns are distributed in the same manner for 
 adjudication. A list of those elections regarding which 
 petitions or protests have not been presented within the 
 prescribed time, and about the legality of which the 
 majority of the members of the section to which they 
 have been referred have no doubt, is presented to' the 
 President. These cases are immediately considered by 
 the House, which either affirms their validity, or refers 
 them for examination to a Sessional Committee which is 
 especially appointed for the purpose of scrutinizing the 
 qualifications of the elected deputies. On receiving the 
 report of this committee the House gives its final 
 decision in each case. 
 
 To this same committee are also referred all those 
 elections, with respect to which the certificate of return 
 has been refused, or of the validity of which the 
 majority of a section has raised some doubts. 
 Limit of time All petitions or protests against an election must be 
 eiect S ionf nst P 1>esen ted not later than three days after the opening of 
 Parliament, or in case of a bye-election within fourteen 
 days after the return. Any objection, however, which 
 relates to the disqualification of a member, can be sub- 
 mitted at any time, even after an election has been 
 declared valid. 
 
 When a certificate of election has been refused on the 
 ground of ineligibility, a new election cannot be ordered 
 until the first has been declared null by the Chamber of 
 Deputies. In the case of a double election, the member 
 elected must decide within eight days of the verification 
 of his election by the Chamber for which constituency 
 he will sit. 
 
 When the election of a deputy to whom a certificate 
 
THE SESSION. 209 
 
 of election has been refused is declared valid, the Pre- Austria- 
 Hungary, 
 sident informs him that he has the right of entry to the 
 
 Chamber. 
 
 On a seat being declared vacant a new writ is issued New writ 
 
 issued on 
 
 immediately. A new election must also take place if a vacancy, 
 member refuses to make the affirmation, or will only do Refusal to 
 
 * take the 
 
 so with certain restrictions and reservations. The same oath vacates 
 
 seat 
 
 result follows if a member allows eight days to elapse 
 before he makes his appearance in the House, or absents 
 himself without leave or a proper excuse. 
 
 As soon as a sufficient number of elections have been Election of 
 declared valid the House proceeds to the election by Bureau, 
 ballot of the President, two Vice-Presidents, 12 Secre- 
 taries, and other officers who are responsible for the 
 maintenance of order. The Permanent Bureau of the 
 Lower House is similar in its composition to that of the 
 Upper House. 
 
 HUNGAEY. 
 
 The members of the Hungarian Diet assemble in preliminary 
 their Chamber at 10 o'clock in the forenoon of the second the Diet, 
 day before the opening of Parliament, under the tempo- 
 rary presidency of the eldest member, when they are 
 informed by him as to the day and hour of the opening 
 ceremonial. 
 
 Unlike the Parliamentary practice in Austria, no oath Pariiamen- 
 or affirmation is required to be taken by any member in 
 the Hungarian Legislative Assemblies. 
 
 Both Chambers are semi-circular in shape. 
 
 After Parliament has been formally opened by the verification 
 
 J r J of election 
 
 Emperor, the Lower House proceeds with the verification returns, 
 of the election returns. For this purpose all members 
 who have delivered in their certificates, which they may 
 
 P 
 
210 OPENING OF 
 
 Hungary, do personally or by proxy, are divided by lot into nine 
 sections of equal numbers, and according to its current 
 number each section examines the credentials of the 
 members of the preceding section, together with any 
 petitions which may have been presented against their 
 returns, the second examining those of the first, the 
 third those of the second, and so on in succession to the 
 ninth, the examination of whose certificates, and of the 
 petitions relating to them, is entrusted to the first 
 section. 
 
 No member of a section can take part in the examina- 
 tion of a certificate, in the result of which he may be in 
 any way interested. 
 
 Each section elects its own officers, and keeps a 
 register of its proceedings, which is laid before the 
 House. Its decisions are determined by a majority of 
 section 1 fa ^ e vo ^ es ^ those who are present, but no vote is valid 
 if it is given in the absence of more than half of the 
 members of the section. 
 
 As all election petitions are referred to a Standing 
 Committee, which is appointed by the House, these 
 sections have only to examine whether the proceedings 
 have been regular, and whether the election is shown by 
 the minutes of proceedings to have been properly 
 conducted. 
 
 classification As a result of the examination, the election returns 
 are divided into three classes, viz. : (1) Those returns 
 which are in legal form, and against which no petition 
 has been lodged ; (2) Those which are also in legal 
 form, but against which a petition has been lodged ; 
 and (3) Those to which exception may be taken, either 
 as to their contents or their construction. 
 
 Finally, the sections elect by ballot, from amongst 
 those of their number whose election is unexceptionable 
 
THE SESSION. 211 
 
 in each section, a regular and additional member for the Hungary. 
 Standing Committee, and each section makes a report to 
 the House on the returns it has examined. The reports 
 of the sections having been read to the House, the tem- 
 porary President declares those members who have pre- 
 sented unexceptionable certificates, to be duly elected. 
 
 He likewise announces that all those members whose 
 certificates of election answer the requirements of the 
 law, although there may have been a petition lodged 
 against them, may enjoy their rights and privileges as 
 members at the formation of the House, and afterwards 
 until otherwise ordered. He next declares that those 
 certificates of election which are of doubtful validity 
 will be taken into consideration after the constitution of 
 the House. 
 
 The Members mentioned above are then summoned 
 by the temporary President to take part in the election 
 of the permanent officials of the House, it being, how- 
 ever, necessary that the number of these members should 
 form an absolute majority of the whole House. 
 
 The first official to be chosen is the President, whose Election of 
 election is conducted as follows : One of the temporary &c. 
 Secretaries reads out in alphabetical order the names of 
 those members who have been requested to take their 
 seats, and they appear singly and place their voting 
 papers in the ballot box in front of the temporary 
 President. After the list has been read over a second 
 time, in order that every member may have an oppor- 
 tunity of recording his vote, the temporary Secretaries 
 count the votes in the presence of the assembly, and the 
 temporary President declares the result. If an absolute 
 majority is not obtained, a second vote is taken with 
 regard to those two members who received the greatest 
 number of votes. 
 
 p 2 
 
212 
 
 OPENING OF 
 
 Hungary. 
 
 Duration ot 
 office of 
 President. 
 
 Vacancies. 
 
 Payment of 
 members. 
 
 The two Yice-Presidents are elected according to the 
 same rule, and in the same manner. The election of the 
 six Secretaries is conducted in a similar manner, but 
 with the difference that they are chosen together, and a 
 relative majority of votes is sufficient. 
 
 At the same time, the Serjeant is elected by an 
 absolute majority, unless the House desires to postpone 
 his election to a later period. 
 
 These elections having been concluded, the new 
 officials enter immediately upon their duties their 
 names being forwarded through the ministry to the 
 King and the new President, after stating the districts 
 from which the members have presented their certificates, 
 and those which are not yet represented, declares the 
 House constituted. 
 
 According to paragraph 8 of Article IV. of the 
 Legislature of 1848, the President of the House is 
 chosen for the whole term of the Parliament, whilst 
 the other officials are elected anew at one of the first 
 three sittings of every year, remaining however in 
 office until the appointment of their successors. 
 
 The President and two Yice-Presidents of the House 
 of Magnates are nominated by the Emperor-King, on 
 the recommendation of the President of the Ministers, 
 for the whole period of the Parliament, and vacancies 
 are filled up in the same manner. If the President and 
 Vice-Presidents are prevented from presiding for one 
 sitting, their duties are fulfilled for this sitting alone by 
 the eldest of the members present as President "ad 
 interim. 33 If their absence appears likely to be pro- 
 longed, their offices are declared vacant, and are filled 
 up. The House itself nominates its Quaestor and 
 Secretaries by secret ballot from amongst its members. 
 
 With the exception of the President and Qua3stor no 
 
THE SESSION. 213 
 
 member of the Chamber receives any payment. But Hungary, 
 this rule does not affect the practice as regards the 
 members elected by the Diet of Croatia- Slavonia, and 
 the members of the Delegations. The other employes 
 of the Chamber are appointed by the President and the 
 Quasstor, but their number and emolument are fixed by 
 the Chamber. 
 
 Members of the House of Magnates are summoned 
 by the King's writ on first entering upon their duties, 
 with the exception of the members elected by the Diet 
 of Croatia- Slavonia, for whom the certificate of election 
 is sufficient. The House of Magnates verifies itself the 
 rights of its members, arid, in doubtful cases, appoints a 
 committee to consider the question. 
 
 BELGIUM. 
 At the commencement of each session the chair is chair taken 
 
 by eldest 
 
 taken in each House of the Legislature by the senior member, 
 member in point of age who happens to be present, the 
 four youngest representatives undertaking the duties of 
 Secretaries. 
 
 Members of both Houses are required, before enter- p ar iiamen- 
 ing on their duties, to take the oath to the Constitution 
 in their Chamber, in the following manner. The Presi- 
 dent invites the Representative or Senator, as the case 
 may be, to take the oath required by the Constitution, 
 and reads aloud the Constitutional formula, which runs 
 as follows : "I swear to observe the Constitution." Then 
 the Representative or Senator, standing up, and raisirg 
 his right hand, repeats this formula in full, or else simply 
 says : " I swear it ;" and until this ceremony is performed 
 no deputy is entitled to receive any part of his salary. 
 
214 OPENING OF 
 
 Belgium. Both Chambers are semi-circular, the Presidents and 
 
 pa?fies g f officials having their seats in the centre of the chord 
 with the Senators and Representatives all turned 
 towards them, as they sit in concentric semi-circles; 
 the Catholic, or "Independent" party -being on the 
 right, and the Liberal party on the left. At the 
 present time the former are the dominant party, 
 having in the Lower House a majority of 30. The 
 dimensions of the two Houses, not including the 
 galleries, are as follows, viz. : In the Senate Chamber 
 the length of the chord is 58 feet, and the distance 
 from its centre to the opposite side is 46 feet ; whilst 
 in the Chamber of Representatives the corresponding 
 dimensions are 66 feet and 56 feet, 
 verification j n ^QQ case of a general or partial election the first 
 
 of elections. 
 
 business of each House is to verify the elections of its 
 members. For this purpose in the Lower Chamber six 
 committees of seven members each are chosen by lot. 
 All the members are eligible to take part in this duty, 
 with the exception of those the question of whose 
 admission has been adjourned. The verification of a 
 bye-election is made by a committee of seven members 
 selected in the same manner. 
 
 The proceedings of the elections, with the necessary 
 proofs, are divided among the six committees, and one 
 of its members is nominated by each to present its report 
 to the House. The House then gives its decision with 
 regard to the validity of the election, and the President 
 declares those members duly elected whose returns have 
 been verified. 
 
 In the Senate a similar course is pursued, with the 
 difference that the assembly is divided into three commit- 
 tees by the President, in such a manner that no senator 
 can adjudicate on any election in his own province. 
 
THE SESSION. 215 
 
 These preliminaries having been concluded, the two Belgium. 
 Houses next proceed to the choice of a President, two 
 
 Vice-Presidents, and four Secretaries, who constitute both Houses. 
 what is generally known as the " Bureau definitif ." 
 
 In the Lower House all these nominations are made 
 by an absolute majority, and a separate vote is taken on 
 the first three. The Secretaries are elected by " scrutin 
 de liste," but on the third trial, which is by " ballot- 
 " age," the relative majority is sufficient. In the case of 
 an equality of votes the eldest is declared to be elected. 
 
 In the Senate the nomination of each of its officers is Nomination 
 made the subject of a distinct election, and is carried by senate. 
 an absolute majority of votes. If, however, at the second 
 trial of the ballot no member obtains the requisite 
 number, a " scrutin de ballotage " takes place between 
 the two members who have obtained the largest amount 
 of support. The Secretaries verify the number of votes, 
 and the scrutineers declare the result, which is imme- 
 diately communicated to the King and to the other 
 House. These nominations only hold good for one 
 session, and in the absence of the President or Vice- 
 Presidents the eldest member in point of age presides. 
 
 DENMARK. 
 At the first meeting of the two Houses of the Danish selection of 
 
 temporary 
 
 Kigsdag, under the presidency of the eldest member, President, 
 after a general election, a temporary President is chosen 
 in the Lower House, who presides until the first 
 examination of the election returns has been completed; 
 but in the Landsthing, or Upper House, the eldest 
 member remains in the chair until after the inspection 
 of the election returns and the nomination of the 
 President and other officers. 
 
216 OPENING OF 
 
 Denmark. In both Houses each member has his separate place 
 chamber" 16 and chair behind a row of tables. There are three or 
 four, rows of tables in the form of crescents facing the 
 President, whose chair is placed on a somewhat elevated 
 platform, the secretaries sitting by his side. A little 
 further to the side are tables and chairs for the 
 ministers, facing those occupied by the rest of the 
 members. There are no rules as to where the members 
 are to sit; at the commencement of the session they 
 choose their places according to their convenience. The 
 members of each party do not as a rule sit together. 
 Generally each member speaks from his own place.* 
 verification For the dutv of verification the Folkethino; is divided 
 
 of election 
 
 returns. ^y \ o ^ { n ^ o f our equal sections. The first section delivers 
 the returns of its members to the second, the second to 
 the third, tho third to the fourth, and the fourth to the 
 first. Each section selects a reporter, to present its 
 report to the House, together with any resolutions 
 which it thinks it desirable should be passed. The 
 Chamber can then, if it pleases, give its decision with- 
 out delay on the validity of the returns. 
 
 Each member of the Bigsdag must take the oath to 
 
 oath. the Constitution, as soon as the validity of his election 
 
 has been recognised, in the following form : " I hereby 
 ff promise and swear to maintain the Constitution. So 
 " help me, God, and His Holy Word/' This act con- 
 sists of the signing of the above formula, which the 
 President of the Assembly presents to the deputy .f 
 
 * The Castle of Christiansborg, in Copenhagen, in which the 
 Kigsdag had hitherto always assembled, was destroyed by fire, October 
 3rd, 1884. See The Times, October 4th, 7th and 9th, 1881. 
 
 f Reports upon the Political Oaths or Affirmations required from 
 the Members of Foreign Legislative Assemblies, &c. Miscellaneous, 
 No. 3 (1882), p. 9. 
 
THE SESSION. 217 
 
 The nomination of a President, two Vice-Presidents, Denmark, 
 and four Secretaries, who hold office in the Folkething of President, 
 for four weeks, but in the Landsthing for the whole 
 session, is next proceeded with. For the election of the 
 President and Vice-Presidents an absolute majority of 
 the members of the House is required, whilst for that 
 of the Secretaries a simple majority of those present is 
 sufficient, if an election by " proportions " is not 
 demanded. 
 
 Should an absolute majority be not obtained after Baiiotage. 
 two divisions, the voting is limited to the two members 
 who received the greatest number of votes in the second 
 division, and if two or more have the same number of 
 votes, the eldest is chosen. 
 
 FRANCE. 
 
 At the first sitting of a new legislature in France, the Chair taken, 
 senior member in age having taken the chair in each 
 House, the election of a pro visionary President and two 
 Vice-Presidents in the Chamber of Deputies, and of a 
 provisionary President and of one Vice-President in the Election of 
 
 pro visionary 
 
 Senate, is immediately proceeded with. They are chosen President, 
 by a separate ballot and by an absolute majority ; but it 
 two trials of the ballot fail to obtain an absolute majority, 
 ballotage is employed, and the relative majority is con- 
 sidered sufficient : should the votes be equal, the senior 
 in age is declared to be duly elected. On the result being 
 known, the provisionary President is installed, and pro- 
 ceeds to divide the House into sections, or as they are Division of 
 
 J Chamber 
 
 more commonly called Bureaux, to which the examma- 
 tion of the election returns is immediately referred. 
 
 Xo oath is required by the Constitution to be taken 
 
 tary oath. 
 
 by any senator or deputy. 
 
218 OPENING OF 
 
 France. The shape of the French Chamber is, as every one 
 
 in the Palais knows, semi-circular. It was made so when the Parlia- 
 
 de Bouvbon. 
 
 ment first took up its abode in the Duke de Bourbon's 
 palace under 1 he [Restoration, for all the Revolutionary 
 Assemblies had sat in oblong halls like the House of 
 Commons. At the base of the semi-circle rises a narrow 
 platform, on which stands the President's armchair and 
 desk, and a little below it to the right and left the desks 
 of the four secretaries of the House, who are generally 
 chosen from amongst the youngest members. 
 
 Below these is a row of desks for the official short- 
 hand writers, who report the debates verbatim for the 
 Journal Officiel, and in two other forms, condensed and 
 semi-condensed, for the different newspapers who sub- 
 scribe. Beneath the stenographic bureau is the tribune 
 or rostrum, to which a member must ascend when he 
 wants to make a set speech. It is only by the courtesy 
 of the House that members are allowed to make short 
 occasional remarks from their places, but if such remarks 
 are unduly developed they are always checked with the 
 cry, A la tribune ! The tribune is guarded by a couple 
 of ushers with silver chains round their necks, and these 
 officials may use force to prevent a member from ascend- 
 ing the rostrum when the President has refused him 
 permission to speak. Facing the tribune the seats of 
 the 570 members rise tier upon tier all round the House, 
 being divided into " blocks" by numerous gangways. 
 The members sit by couples on comfortable settees with 
 backs, which hold two, and have a couple of desks in 
 front of them. To each desk is affixed a card with the 
 member's name on it ; the desk has a lock, and is pro- 
 vided with ink and stationery, and a packet of cards, 
 white and blue, to vote with, white cards meaning 
 A J e " and the blue " No." In pursuance of a tradition 
 
 parties. 
 
THE SESSION. 219 
 
 which dates from the National Assembly of 1789, and France, 
 has never been departed from, the benches on the left 
 are always appropriated to the Liberal party,, and those 
 on the right to their opponents, Eoyalist and Im- 
 perialist. Xo matter what party may be in power, this 
 arrangement never varies. Ministers and other members 
 of the G-overnment occupy the two lowermost rows of 
 seats just opposite the tribune ; and the President of the 
 Council, when there is one, sits in the most central 
 place. There is nothing which answers to the Treasury 
 box, but every minister lays on his desk a portfolio of 
 red morocco, which is the symbol of his office.* 
 
 The Senate Chamber, which is in the Palais du senate 
 Luxembourg, is also semi-circular; the President's chair 
 being on a platform at the base with the officials in front 
 of him, and the senators on the semi-circular tiers 
 opposite. 
 
 In the Chamber of Deputies the number of Bureaux 
 is eleven ; in the Senate nine. In both Houses they are 
 renewable every month by lot. 
 
 The returns are distributed to the Bureaux in the Distribution 
 alphabetical order of the departments, and as far as nati n of 
 possible in proportion to the total number of the elections, 
 and they are examined by committees of at least five 
 members (in the Senate three), formed in each Bureau 
 by lot. The deputies or senators charged to make the 
 report are nominated by the Bureaux. The House, after 
 receiving their report, pronounces on the validity of the 
 elections, and the President announces the names of the 
 deputies or senators who have been declared to be duly 
 elected. If a Bureau has decided that an election is null 
 
 * The Daily News, December, 27th, 1881. 
 
220 
 
 OPENING OF 
 
 France. 
 
 Election of 
 
 Bureau 
 
 definitif. 
 
 Composition 
 of the 
 Bureau. 
 
 and void, the discussion on the report cannot take place 
 on the day of its presentation. 
 
 Deputies or senators, the validity of whose return has 
 not yet been decided on, can take part in the debates 
 and vote. Nevertheless, the right of voting is sus- 
 pended in the case of every deputy, or senator,* the 
 question of whose admission has been adjourned by the 
 decision of the Chamber. A deputy or senator cannot, 
 however, vote on the question of his own admission, 
 either in the Bureau or in the Chamber, nor can he lay 
 any motion on the table. 
 
 When the returns of more than half of the members 
 of the Chamber have been verified, t the election of the 
 Bureau definitif is proceeded with. If, however, the 
 verification of the returns has taken place in a preceding 
 session, this election is held at the first sitting of the 
 newly opened session. 
 
 The Bureau definitif is composed of a President,! 
 four Yice-Presidents, and eight Secretaries (in the Senate 
 six), of whom four ati least sit by turn during the public 
 sittings, and of three Quasstors (accountants). The elec- 
 tion is conducted in the same manner as in the case of 
 the temporary appointments above mentioned, all except 
 the President being nominated by "scrutin de liste." 
 
 * It appears that the question of the admission of a member is not 
 adjourned in the sense that he is deprived of the right of voting, when 
 the debate, which arises on the report of a Bureau as to his admission, 
 is adjourned for some particular purpose, since the debate, and not the 
 admission, is the subject of the adjournment. Traite pratique de Droit 
 parlementaire, par MM. J. Poudra et E. Pierre, p. 416. 
 
 f This does not seem to apply to the Senate. 
 
 J According to custom deputies, whose powers have not been verified, 
 cannot form part of the provisionary Bureau, but they have frequently 
 become members of the permanent Bureau before their elections have 
 been validated. Traite pratique de Droit parlementaire, par MM. J. 
 Poudra et E. Pierre, p. 417. 
 
THE SESSION. 221 
 
 The successful candidates remain in office until the com- France, 
 mencement of the next ordinary session. Sice! 10 " 
 
 When, by these elections the Chamber of Deputies 
 has been definitively constituted, notice is sent by the 
 President to the Senate, and to the President of the 
 Eepublic. Similar notices are sent by the Senate. 
 
 GERMANY. 
 The German Parliament is opened in very much the Assumption 
 
 J ofPresidency 
 
 same manner as those of Belgium and France. The *>y eldest 
 
 member. 
 
 eldest member assumes the presidency, and appoints four 
 other members to act as temporary Secretaries. He can, 
 if he thinks fit, transfer his duties to the next eldest 
 member. In each succeeding session of the same Par- 
 liament, the President of the previous session remains in 
 office until his successor has been chosen. 
 
 The chamber in which the Reichstag sits is semi- 
 circular. The President's seat is on a platform in the 
 centre of the chord, with the Secretaries on either side 
 and the Tribune in front; the members being seated 
 opposite 011 raised seats in concentric circles. Each seat 
 is numbered and retained by the same member for the 
 duration of the session ; the parties sitting together as 
 much as possible. In front, to the right, sit the Con- 
 servatives, having on their right the Imperialists and 
 National Liberals. The Liberalists being on the extreme 
 left, facing the President. 
 
 Members of the Bundersrath have seats allotted to 
 them on the right and left of the President. 
 
 Contrary to what is the usual practice of representa- 
 
 tive assemblies, no oath or affirmation is required of 
 members of the Reichstag. In the Bundersrath all 
 members have previously, as officials, taken the oath 
 
222 
 
 OPENING OF 
 
 Germany, of allegiance to their respective Sovereigns, and are not 
 therefore required to take any oath on taking their seats 
 in the Council. In the local State Parliaments all 
 members are required to take the oath of allegiance,, 
 unless they have previously done so in consequence of 
 being already in the service of the State to which they 
 belong. No affirmation is allowed to be substituted for 
 the oath. In latter years, in Prussia,, and in most if not 
 all of the other states of the empire, the form of the 
 oath has been modified, so as to meet, as far as possible, 
 the religious scruples of all creeds. Should a duly- 
 elected member refuse to take the oath, he cannot, under 
 any pretext whatever, be admitted to the Chamber for 
 which he has been returned."* 
 
 The Reichstag is divided by lot into seven sections, 
 composed as nearly as possible of an equal number of 
 members, their formation remaining the same until the 
 House, on a written notice signed by 50 members, 
 NO quorum, resolves on their removal. No quorum is required, as 
 they are competent to pass resolutions without regard to 
 the number of members present. 
 
 All papers relating to the elections are distributed 
 equally among the sections, who send them to a com- 
 mittee specially appointed for the purpose of examining 
 them, provided that the objections to the elections have 
 been presented within the prescribed time (viz., 10 days 
 after the opening of Parliament, or in the case of a 
 subsequent election, the same time after the result is 
 known), or that the section or any two of its members 
 declare the validity of the election to be doubtful. 
 
 Up to the time at which an election is declared void, 
 
 Division of 
 Reichstag 
 into seven 
 sections. 
 
 * Eeports upon the Political Oaths or Affirmations required from 
 the Members of Foreign Legislative Assemblies, &c. Miscellaneous 
 No. 3 (1882), p. 12. 
 
THE SESSION. 223 
 
 the elected member has a seat and a vote in Parliament. Germany. 
 He can also give every explanation which he may con- 
 sider necessary for the defence of his seat, bnt he cannot 
 take part in the decision. Matters which are not referred 
 to the committee are reported upon by the section direct 
 to the House. 
 
 As soon as the presence of the necessary quorum has Election of 
 been ascertained by the calling over of the names, the &c - 
 election of the President, two Vice-Presidents and eight 
 Secretaries is proceeded with. The first three are elected 
 by ballot with an absolute majority. If, however, an 
 absolute majority is not obtained, the election is confined 
 to those candidates who have received the most votes. 
 Should the result be the same in the second contest, then 
 all except the two highest candidates are withdrawn, 
 and if these two obtain an equal number of votes, the 
 temporary President decides the question by lot. 
 
 The election of the Secretaries is effected by a relative 
 majority of votes, and in case of an equality, by lots 
 drawn by the President. At the commencement of a 
 new Parliament these officers, with the exception of the 
 Secretaries, are elected at first for four weeks, and then 
 afterwards for the entire session, but in future sessions 
 their nominations hold good for the entire session. In 
 addition to the above appointments the President himself 
 names two members to act as Quasstors or accountants. 
 
 These preliminaries having been concluded, the for- 
 mation of the Parliament and the result of the elections 
 are made known to the Emperor by the President. 
 
 GREECE. 
 
 At the commencement of each Parliamentary session Temporary 
 the eldest member present takes the chair as President, and secre- 
 
 ' taries. 
 
224 OPENING OP 
 
 Greece. and is assisted in his temporary duties by the four 
 
 youngest members, who act as Secretaries. 
 Pariiamen- Before entering; on their duties the deputies take the 
 
 tary oath. 
 
 following oath in open session : " I swear in the name 
 " of the Holy Consubstantial and Indivisible Trinity to 
 " be faithful to my country and to my Constitutional 
 " King, to obey the Constitution and the laws of the 
 " State, and to fulfil my duties loyally." Deputies not 
 professing the Christian religion, instead of invoking 
 " the name of the Holy Consubstantial and Indivisible 
 " Trinity," take the oath conformably with the rites of 
 their own religion. 
 
 ^ke ^ rs ^ business of the House is to verify the 
 e i ect i on s of its members. 
 
 For this purpose it is divided by lot into eight com- 
 mittees, among which the various election cases are 
 equally distributed. 
 
 Should the member whose election is under consi- 
 deration be a member of the committee to which it is 
 referred, the examination of that particular election is 
 transferred to another committee, so that no member 
 may adjudicate in his own case. This rule does not, 
 however, prevent the sitting member from being present 
 during the meetings of the committee, as well as any of 
 the unsuccessful candidates who may be desirous of 
 raising objections to the validity of the election. The 
 meetings and decisions of a committee are valid, if half 
 of its members present in Athens, plus one, are in 
 attendance. The committees are required to assemble 
 within five days of their appointment, and to make their 
 report to the House. 
 
 The House discusses the elections after the report on 
 them has been received at the office. The electoral 
 divisions are taken in alphabetical order for discussion, 
 
THE SESSION. 225 
 
 and the House decides on the validity of each election, Greece. 
 and of the qualifications of the members elected, and 
 the President declares those members duly elected 
 whose returns have been verified. In no case, however, 
 can an election be discussed in the House, unless the 
 printed report has been circulated to the members 24 
 hours previously. In the event of a committee not 
 submitting its report within the time limited, the 
 House either orders another committee, elected by 
 lot, to prepare the report, or extends the time given to 
 the first committee. In every such case the House 
 decides whether the discussion on the other elec- 
 tions shall be proceeded with, or shall be postponed 
 until any report not yet presented shall have been 
 submitted. 
 
 Members are not allowed to vote in any division 
 concerning their own election, but may be present 
 during the debate. If any bye-elections occur during 
 the Parliamentary session, their examination is assigned 
 by the House, by lot, to one of the committees. These 
 preliminaries having been concluded, the House proceeds Election of 
 
 Presidents, 
 
 to the election, by ballot, of one of its members as &c. 
 President, three as Vice-Presidents, and four as Secre- 
 taries. Their election is by an absolute majority. 
 
 After the election of the regular President he an- 
 nounces to the King that the House is in full session, 
 and, together with the Yice-Presidents and Secretaries, 
 is presented to His Majesty. A. deputy, who is a 
 minister, cannot be elected to any of these offices. 
 
 The House then proceeds to elect one of its members, Librarian, 
 who is resident in Athens, as librarian by an absolute 
 majority. The appointment only lasts for the session. 
 A treasurer, who is also one of its members, is appointed Treasurer, 
 every session by the House. 
 
 Q 
 
226 
 
 OPENING OF 
 
 ITALY. 
 
 At the opening of the parliamentary session in Italy, 
 the rule which is followed in most other countries, by 
 which the eldest member assumes the presidency tempo- 
 rarily, is only observed if no one of the Yice-Presidents 
 of the preceding or any other session is present. 
 
 The chamber in which the Lower House sits is semi- 
 circular in form, the President having his chair on a 
 platform slightly raised in the centre of the chord, the 
 secretaries sitting on either side of him, with the depu- 
 ties all turned towards him as they sit in raised and 
 curved concentric semi-circles. The ministers sit at a 
 table in front of the President, with their backs turned 
 towards him, whilst the shorthand writer occupies a 
 little table in the centre of the floor. 
 
 Six temporary Secretaries, in like manner, are 
 selected from those who have held the same office 
 before, and it is only in case of their default that the 
 youngest members are required to serve. Deputies, by 
 the mere fact of their election, enter immediately on the 
 pariiamen. f u u exercise of their functions after having taken the 
 
 tary oatn. 
 
 oath, in which they swear to be faithful to the King, to 
 observe loyally the Constitution and the laws of the 
 State, and to exercise their functions with the sole object 
 of the inseparable good of the King and their country. 
 
 Any deputy who refuses to be sworn in the terms 
 prescribed by the 40th Article of the Constitution, or 
 who has neglected to take the oath, without reasonable 
 excuse, within two months of the validation of his elec- 
 tion, ipso facto loses his seat.* It is, however, provided 
 
 Appoint- 
 ment of 
 temporary 
 Secretaries. 
 
 * Law on the Parliamentary oath. December 30th, 1882. Manuale 
 ad uso dei deputati, 1889, p. 6. 
 
THE SESSION. 227 
 
 that the period of vacation shall not be included in the Italy, 
 above period of two months. 
 
 The above preliminaries having been arranged, the Election of 
 
 3 President, 
 
 Chamber proceeds to the nomination of the President, four &c. 
 Vice-Presidents, eight Secretaries, and two Quaestors. 
 These elections are made by means of voting papers, by 
 an absolute majority. If this is not obtained at the first 
 ballot, the " scrutin de ballotage " is resorted to, and if 
 the votes are then equal, the eldest candidate is elected. 
 
 The counting of the voting papers for the election of 
 the President is done in public session, but for those of 
 the other officials it is done without delay by twelve 
 scrutineers chosen by lot, of whom seven, at least, must 
 be present. When the constitution of the Chamber is 
 completed, the King and Senate are informed thereof 
 by the President. 
 
 In the Senate the President and Yice-President are senate, 
 nominated by the King, and at the first meeting the 
 four youngest senators act temporarily as Secretaries, 
 the four permanent Secretaries and two Quaestors being 
 
 elected immediately by " scrutin de liste." The senators Parliamen- 
 tary oath. 
 are, as well as the deputies, required to take the oath 
 
 before entering on their duties. 
 
 The Senate Chamber, like that of the Lower House, 
 is semi-circular in form. 
 
 At the next sitting of the Chamber, the President Nomination 
 
 of the 
 
 announces to the House the names of the nine deputies General 
 
 * Committee 
 
 chosen by him to constitute the permanent committee ofElections - 
 on the internal regulation of the Chamber, as well as 
 those of the twenty members who have been selected by 
 him to form the General Committee of Elections. 
 
 In order to render an election void through some Election 
 
 , -, . . . , petitions. 
 
 fault in the proceedings, it is necessary that a protest, 
 signed in the presence of a syndic by the members of 
 
 Q 2 
 
228 OPENING OF 
 
 Italy. tlie Electoral College or by a candidate,, should be 
 forwarded to the President. All these protests are 
 
 Quorum, transmitted by him to the committee, which cannot 
 
 deliberate unless ,at least eight of its members are 
 
 > present. The committee determines the time and place 
 
 at which each case will be taken, giving, as a rule, at 
 
 least three clear days' notice. 
 
 The parties on both sides may appear before the com- 
 mittee, and can produce witnesses, in support of their 
 cases. The committee can itself call evidence, and 
 order the payment of their witnesses' expenses, and can 
 also nominate a sub-committee consisting of three 
 members, with power to adjourn to the place of election, 
 and collect all the necessary information. The resolu- 
 tions of the General Committee are passed by a majority 
 of votes, and are communicated to the Chamber. In 
 the case of the votes being equal, the election is declared 
 valid. 
 
 The proceedings of all the elections are laid before 
 the G-eneral Committee, and if any deputy is found not 
 to be qualified for election according to the law, his seat 
 is declared vacant, notwithstanding* that no protest may 
 have been presented. 
 
 JAPAN. 
 
 Opening of An Imperial Proclamation for the convocation of the 
 iS? na Imperial Diet, fixing the date of its assembling, must be 
 issued at least 40 days beforehand. 
 
 The members assemble in the hall of their respective 
 Houses, upon the day specified in the Imperial Pro- 
 clamation of convocation. 
 Nomination The President and Vice-President of the House of 
 
 of President, 
 
THE SESSION. 229 
 
 Representatives are both of them nominated by the Em- Japan. 
 peror, from among three candidates respectively elected O i Represen. 
 
 tatives. 
 
 by the House for each of those offices. 
 
 Until the nomination of the President and Vice- 
 President, the functions of President are discharged by 
 the Chief Secretary. 
 
 Each House divides the whole number of its nouses 
 
 divided into 
 
 members into several sections by lot, and in each sections - 
 section a chief is elected by and from among the 
 members belonging thereto. 
 
 Upon the organisation of both Houses, the day for opening of 
 the opening of the Imperial Diet is fixed by Imperial Diefc - 
 Order, and the ceremony of opening is celebrated by 
 the assembling of the members of both Houses in the 
 House of Peers. 
 
 On the occasion referred to in the preceding para- 
 graph, the functions of President are exercised by the 
 President of the House of Peers. 
 
 NETHEKLANDS. 
 
 At the commencement of each parliamentary session, Temporary 
 the chair is taken in the Lower House of the States- assumed by 
 
 the eldest 
 
 General of the Netherlands by the eldest member, until member - 
 the President has been appointed by the King. 
 
 The dimensions of the chamber in which the Lower 
 House sits are said to be, length 80 feet, breadth 33 feet, 
 and height 44 feet. 
 
 At a meeting after a general election, the first Appoint- 
 ment of 
 
 business of the House, as soon as more than 50 members eieciion com- 
 mittees. 
 
 are present, is to nominate two or more committees, each 
 consisting of three members, of whom the first named 
 acts as chairman. These committees are charged with 
 the examination of the credentials of the newly-elected 
 
230 OPENING OF 
 
 Nether- members. At any other time one similar committee alone 
 is nominated. Each newly-elected member proves his 
 election by the production of the papers prescribed in the 
 Articles 105 and 111 of the Law of July 4th, 1850. The 
 committee, after having examined all the necessary 
 
 Report of the documents, makes a verbal report to the House, and the 
 
 committee. 
 
 House having taken the report into consideration decides 
 as to the admission of the newly-elected members. 
 
 Should any difference of opinion arise, the Chamber 
 
 can fix a day for the discussion of the different views, 
 
 or it can send the report of the committee to the sections 
 
 certificates, of the House. The certificates and the papers referring: 
 
 &c., where 
 
 ke p*- to them are deposited in the Chancery Office of the 
 
 House, in order that the members may have the oppor- 
 tunity of examining them, and if it is thought advisable 
 that the voting papers should be examined, the Chamber 
 requests the Home Secretary to forward them, with any 
 explanations which it may require. After a resolution 
 has been passed with regard to the admission of the 
 newly-elected members, or a day fixed for the further 
 consideration of the elections, the Chamber proceeds, as 
 
 Quorum. soon as more than 50 admitted members are present, to 
 the election of three members to be presented to the 
 
 ofthree tion ^ n > * n or ^ er that he may appoint one of them to be 
 
 President of the Chamber for the ensuing session. As 
 Kmg> soon as the King's choice has been communicated to the 
 temporary President, the latter summons the House to 
 meet, and resigns the chair to the selected member. 
 The Chamber afterwards appoints a Recorder and one 
 or more deputy Recorders, who are under the super- 
 vision of the Committee for Household Affairs, consisting 
 
 ' o 
 
 of the President and two members specially nominated 
 for the purpose. 
 
 Upon their entry on their duties, the members of 
 
THE SESSION". 231 
 
 both Chambers take the oath, each according to the rites Nether- 
 of his religion, or make the following promise : " I 
 " swear (I promise) allegiance to the fundamental law. 
 " So help me God (I promise it) ." 
 
 They are allowed to take this oath or to make this 
 promise after having taken the following oath, or made 
 the following declaration and promise : " I swear 
 " (declare) that, in order to be appointed member of the 
 " First or Second Chamber (as the jcase may be) of the 
 " States-General, I have neither given nor promised, 
 " and will neither give nor promise, directly or indirectly, 
 " under any pretext whatever, any donation or present, 
 ' ( to any person either in or ont of office. 
 
 (C I swear (promise) that I will never receive from 
 " any one whomsoever, under any pretext, directly or 
 " indirectly, any donation or present, to do, or to leave 
 cf undone, anything whatever in the exercise of my 
 (( duties. So help me, God (I declare and promise it)." 
 
 These oaths are administered (these declarations and 
 promises are made) before the King, or at a sitting of 
 the Second Chamber before the President, authorised to 
 that effect by the King.* 
 
 In the Upper House, at the first meeting of a newly- First meet- 
 elected Chamber, the President, who has been previously upper 
 
 House. 
 
 nominated by the King, appoints three committees, each 
 consisting of three members, to examine the credentials 
 of newly-elected deputies. 
 
 The chamber in which the Upper House sits is 66 
 feet long, and 54^ feet broad. 
 
 When only a renewal of a third of the House has 
 
 * Eeports upon the Political Oaths or Affirmations required from 
 the Members of Foreign Legislative Assemblies, &c. Miscellaneous, 
 No. 3 (1882). 
 
232 OPENING OF 
 
 Nether- taken place, the President, as soon as more than half of 
 lands. 
 
 the sitting members are present, nominates two similar 
 
 committees for the same purpose. The credentials of 
 the President are first examined, and if there is any 
 objection to them his place is filled by the member 
 present who has last occupied the chair, or, in default 
 of the presence of such a person, by the eldest member 
 then in the House. Should it so happen that the Pre- 
 sident himself is declared not to have been duly elected, 
 the decision of the House is communicated to the King, 
 in an address which is presented by a deputation 
 specially appointed for the purpose. 
 
 If a difference of opinion arises in the House with 
 
 regard to the admission of a member, it may send the 
 
 report to the sections or adjourn the question to a future 
 
 day. 
 
 Registrar In the Lower House, the Chamber appoints a Re^is- 
 
 in Lower 
 
 House. trar and deputy Registrar, the other officials in the 
 Registry Office being elected by it on the motion of the 
 Committee for Household Affairs. 
 
 PORTUGAL . 
 Meeting of On the day after the opening of the Cortes by the 
 
 deputies. 
 
 King, all the deputies who happen to be in the Capital 
 assemble at mid- day for the purpose of forming them- 
 selves into a preparatory council, in order that they may 
 proceed with the verifications of the elections and the 
 Quorum. formation of the permanent Bureau. For the purpose of 
 constituting the council it is necessary that an absolute 
 majority of the members should be present. 
 
 The eldest member takes the chair, and is assisted in 
 his temporary duties by the two youngest members pre- 
 
THE SESSION. 233 
 
 sent, who act as Secretaries. These three officers form Portugal, 
 the Provisional Board of the Chamber. 
 
 The first business of the President is to declare the 
 constitution of the council in the following form : 
 
 " By virtue of the constitutional charter, the 
 " Chamber of Deputies, presided over by its eldest 
 " member, will proceed to the verification of the powers 
 " of its members." 
 
 In order that the preparatory council may proceed to 
 business, a third of the total number of deputies must 
 be present, but the votes obtained are valid, when they 
 are passed by at least a fourth part of the total number 
 mentioned above, and by a majority of those present. 
 The names of the deputies are then called over by one 
 of the Secretaries. 
 
 For the purpose of verifying the powers of the committees 
 
 J ofverifica- 
 
 cleputies, three committees consisting of seven members tion - 
 each, of which the first is permanent, are chosen by 
 " scrutin de liste," to whom all the necessary documents 
 are referred. 
 
 After the returns of an absolute majority of the constitution 
 House have been approved, the Chamber is definitively chamber, 
 constituted by the temporary President, who reads out 
 the names of those whose returns have been verified, 
 and declares them to be members of the Lower 
 Chamber. 
 
 The first business of the Chamber when constituted, Nomination 
 is to select by " scrutin de liste" five members, whose and secre- 
 names are submitted to the King, that he may select 
 twc for the office of President and Vice-President. Two 
 members are also chosen as Secretaries in a similar 
 manner, but their names are not presented to the King 
 for his approval. If in the first two ballots an absolute 
 majority, which is calculated on the total number of 
 
234 
 
 OPENING OF 
 
 Administra- 
 tion of oath 
 to the 
 President. 
 
 Portugal, valid returns, cannot be obtained, a third ballot must be 
 taken, in which a relative majority is sufficient, whatever 
 may be the number of votes. 
 
 A deputation of seven members, who are named by 
 the temporary President, present the list containing the 
 five selected names to the King, the Chamber continuing 
 to meet daily until the nominations of the President and 
 Vice-President have been communicated to it by His 
 Majesty. 
 
 The temporary President immediately on receiving the 
 King's mandate containing the nomination of the Presi- 
 dent, resigns the chair to him, and administers the oath 
 as follows : 
 
 (f I swear to be inviolably faithful to the Eoman 
 " Catholic Apostolic Eeligion, to the King, to the Nation 
 " and to the Constitutional Charter, and to concur as 
 ee much as in me lies in the making of just and wise 
 " laws which shall contribute to the prosperity of the 
 " people, to the glory of the King, and to the splendour 
 " of the State. 
 
 " I swear also, as President of the Chamber, to dis- 
 ee charge as well as my faculties admit, the duties which 
 "such an honourable position imposes on me." The 
 temporary President, after having administered the oath, 
 then says : 
 
 " In virtue of the Constitutional Charter, and by the 
 " nomination of the President and Vice-President, the 
 " functions of the Provisional Board are concluded and 
 " it is herewith dissolved.-" 
 
 Installed at the table the President requests the 
 Secretaries to take their places, and the swearing in of 
 the members is proceeded with. The form of the oath 
 is the same as that taken by the President ; the part 
 referring to him as President being omitted. 
 
 Oath of 
 Deputies. 
 
THE SESSION. 235 
 
 The first deputy called pronounces the whole of the Portugal, 
 oath in a loud voice,, placing his right hand on the Holy 
 Gospels, and the rest of the deputies simply say, " So I 
 " swear." During the administration of the oath all the 
 deputies and spectators remain standing. 
 
 When the oath has been administered the President 
 and Secretaries take their places, and the former declares 
 that " the Chamber of Deputies of the Portuguese nation 
 " is definitively constituted." The Yice -President then 
 takes the oath in the same form, "mutatis mutandis/' as 
 the President. In any succeeding session the President 
 and Yice-President alone take the oath. 
 
 A deputation of 13 members informs the King of the 
 definitive constitution of the Chamber, and at the same 
 time presents a list of five members, from which two are 
 selected by the King to act as Deputy-President and 
 Vice-President in the absence of those functionaries. 
 Members who take their seats after the opening of the 
 session are introduced by the Deputy Secretaries, and 
 the oath is administered to them by the President. 
 
 In the Upper House the peers always assemble in Meeting of 
 their chamber at two o'clock on the day after the open- 
 ing of the session by the King, when they wait a quarter 
 of an hour, until 19 of their members are assembled, 
 and if this number is not then present the sitting is 
 adjourned until the next day. But if the necessary 
 quorum attends, the President takes the chair and calls 
 upon two of the peers who served in the same capacity 
 in the previous session to act as temporary Secretaries, or 
 in their absence the two youngest peers present. 
 
 In the absence of the President the Yice-President 
 presides, and if neither is present, then one of those peers 
 who acted in the previous session as their substitutes 
 takes the chair. 
 
236 OPENING OF 
 
 Portugal. One of the Secretaries immediately calls over tlie roll 
 i called. Q j ie p eers ^ j n or( j er to insert in the minutes of proceed- 
 ings the names of those who are present. Four members 
 are then chosen by ballot and an absolute majority, to 
 serve as Secretaries and Vice-Secretaries, the ballots 
 being taken separately. 
 
 At the conclusion of the election the President 
 declares that the Bureau of the Chamber of the Worthy 
 Peers is organised for the session of the year, and at the 
 same time nominates a deputation of seven members to 
 wait upon the King and inform him that the Chamber is 
 constituted. In the same sitting two peers are nomi- 
 nated by ballot, whose duty it is, in conjunction with 
 the President, to prepare the address in answer to the 
 speech from the Throne, which is subsequently presented 
 by a deputation of 13 peers. 
 
 Form of The form of oath for the House of Peers is as f ol- 
 
 oath. 
 
 lows : ( ' I swear on the Holy Gospels that I will f aith- 
 " fully comply with my duties as a Peer of the Eealm, 
 " and maintain the Catholic religion, as well as the 
 ' ' integrity of this kingdom ; that I will observe the 
 " Constitutional Charter of the 29th April, 1826, as well 
 cc as the additional Act, and will cause it to be observed 
 ' ' by others as far as may lie in my power ; that I will 
 " be faithful to the King and to my country, and that I 
 " will promote the general welfare of the nation." 
 
 The oath is obligatory, and is exacted from every 
 member of both Houses before taking his seat. 
 
 At the commencement of each session, there is 
 also appointed by ei scrutin de liste " a committee of 
 seven members for the verification of the powers of 
 those peers who desire to t&ke their seat for the first 
 time, by virtue of the royal nomination or of hereditary 
 descent. 
 
THE SESSION. 1>37 
 
 SPAIN. 
 
 On the day before the opening of the Cortes, the Prepratonr 
 members of both Houses meet at 12 o'clock in their the c<5rtes - 
 respective chambers, having previously deposited the 
 certificates of their return at the offices of their Secre- 
 taries. The eldest senator in the Senate, and the first 
 on the list among the deputies, then takes the chair 
 and, declaring the sitting open, desires the Chief of the 
 Secretary's staff to read the decree calling the Parlia- 
 ment together, the list of the deputies or senators, and 
 the Articles of the Eegulations which refer to the 
 sitting. 
 
 These preliminaries having been accomplished, the 
 President, or in his absence one of the Vice-Presidents 
 nominated by the King, takes the chair in the Senate, 
 whilst the senior deputy in point of age occupies the 
 President's chair in the Congress of Deputies, the four 
 youngest members in each House temporarily undertak- 
 ing the duties of the Secretaries. The Commissioners, 
 who are appointed by each House to accompany the 
 King and members of the Eoyal Family on their entry 
 and retirement from the building when the opening 
 ceremony takes place, are then elected by ballot, and 
 the two Houses adjourn. 
 
 The Senate House is oblong in form, the benches senate 
 
 House. 
 
 being ranged in parallel rows lengthways, as at West- 
 minster. 
 
 The House of Deputies is squarer in general shape, House of 
 
 A . . Deputies. 
 
 and the seats are one above the other, in curved tiers 
 arranged horseshoe fashion, and are divided into regular 
 blocks by radiating gangways. The base is filled by 
 the places for the President and his assistants and 
 clerks. 
 
238 OPENING OP 
 
 Spain. Ministers in both Houses always sit to the right of 
 
 the President's chair, on what is called the ""blue 
 " bench/' and their supporters take their places, as far 
 as may be, behind them and on the same side of the 
 House. 
 
 At 12 o'clock on the day after the opening of Par- 
 liament each House holds its first sitting, presided over 
 by the same President, and with the same Secretaries as 
 in the preparatory one. 
 
 ment o?" ^ke ^ s * s ^ senators and deputies having been again 
 
 Bureau? 7 read over for the purpose of correction, the appointment 
 of a temporary Bureau is proceeded with. The Bureau 
 consists of a President, four Vice-Presidents and four 
 Secretaries, who remain in office until the House has 
 
 Mode of been definitively constituted. The voting is by tickets 
 which the deputies, on their names being called, hand 
 to the President, who deposits them in a box. 
 
 After the reading of the list is finished, the counting 
 of the votes is commenced by the President, who takes 
 each paper out of the box and hands it to a Secretary 
 to read aloud, the other Secretaries at the same time 
 making an exact list of the votes, with all their inci- 
 dents. 
 
 In the Senate, the President and Vice-Presidents 
 having been nominated by the King, the Secretaries 
 alone require to be chosen by the senators. 
 
 For the election of President in the Congress of 
 Deputies, one name only is written on each ticket, and 
 the candidate is elected who obtains an absolute majority 
 of votes. In the event of an absolute majority not 
 being obtained, the voting is repeated between the two 
 who had been nearest the required majority, and the 
 one who obtains the greatest number of votes is elected. 
 If there should be an equality of votes, a member who 
 
THE SESSION. 239 
 
 has been formerly a President or Yice-President is pre- Spain, 
 ferred, and failing such member, the result is decided 
 by lot. The Vice-President and Secretaries require only 
 a relative majority for their election. 
 
 In the Senate an absolute majority of the senators 
 present in Madrid must take part in the election of the 
 Secretaries, or it will be postponed to the next day, 
 when, if 50 senators are present, it is proceeded with. 
 
 In the second and succeeding session of the Cortes, Quorum, 
 the House is at once definitively constituted, if 70 
 deputies are present. Otherwise it will be constituted 
 " ad interim " until that number attends. 
 
 Until after the Houses have been definitively con- 
 stituted, no business is proceeded with except the ex- 
 amination of the certificates of election. For this pur- 
 pose a committee of 15 members is nominated, to which 
 all the election certificates (Adas) are referred. These 
 certificates are divided by the committee into three 
 classes, the first containing those against which no pro- 
 test has been lodged, the second such certificates, in 
 which only a few matters of no particular importance 
 arise, and the third those which present difficulties of a 
 graver character. 
 
 With the two first classes, the committee itself pro- 
 ceeds to deal, whilst the third is referred to the Court 
 of "Actas Graves," which consists of 24 deputies, of 
 whom nine form a quorum. 
 
 As soon as the certificates of a sufficient number of Nomination 
 
 of : ermanent 
 
 members have been verified, being a majority of the Bu reau. 
 whole House, the nomination of the permanent Bureau 
 is proceeded with in a manner similar to that observed 
 in the selection of the temporary officials. 
 
 Immediately after the completion of the nominations, Administra- 
 
 T- ' ti0n f Piir " 
 
 the temporary President administers the oath to his liamentary 
 
 47 oath. 
 
240 OPENING OF 
 
 Spain, successor, who, without leaving his seat, in his turn 
 administers it to all the deputies, commencing with the 
 Vice-Presidents ancffmishing with the Secretaries. The 
 manner in which the oath is administered is as follows : 
 One of the newly appointed Secretaries reads the follow- 
 ing formula : " Do you swear to maintain the Constitu- 
 " tion of the Kingdom of Spain ? Do you swear fidelity 
 " and obedience to the legitimate King of Spain Don 
 " Alfonso XIII. (or to the King who may legitimately 
 " succeed him) ? Do you swear to properly and faith- 
 " fully fulfil the charge entrusted to you by the nation, 
 ' ' ever considering its welfare ? "* 
 
 The senators (or deputies) then approach the table 
 two and two, and kneeling on the right side of the 
 President, who remains sitting, and placing their hands 
 upon the Gospels, will say : " Yes, I swear," and the 
 President will reply : ' ' If you shall do so, may God 
 " reward you ; if not, may He call you to account." 
 
 During the performance of this ceremony all the 
 senators (or deputies) and the visitors in the galleries 
 remain standing. 
 
 Immediately on its conclusion, the President declares 
 the Senate (or Congress) to be constituted, and a 
 message is sent to the Congress (or Senate) and the 
 Government, to inform them of the fact. 
 
 Should sufficient time still remain, or if not, at the 
 next sitting, all the deputies present are then divided by 
 ballot into seven sections of an equal number. 
 
 In the Senate the Standing Committee of election 
 returns (Adas), consisting of seven members, is nomi- 
 
 * Reports upon the Political Oaths or Affirmations required from the 
 Members of Foreign Legislative Assemblies, &c Miscellaneous, No, 3 
 (1882). 
 
THE SESSION. 241 
 
 nated, and if there is time the House is divided into Spain, 
 seven sections of an equal number. 
 
 SWEDEN. 
 
 Both Chambers of the Riksdag, each under the Meeting of 
 
 the Cham- 
 presidency of the member who has served in the b8rs - 
 
 greatest number of Parliaments, assemble for business 
 for the first time after the opening of the session, without 
 previous summons, at 10 o'clock in the morning of the 
 week-day following the day on which information has 
 been conveyed to them that the examination of the 
 certificates mentioned in section 32 of the [Regulations 
 of the Riksdag has been concluded. 
 
 Under this section everv elected member of the verification 
 
 returns. 
 
 Eiksdag must present his certificate of return, for 
 examination to the Minister of Justice or his deputy, on 
 the day on which the Riksdag meets, or if he does not 
 present himself till later, as soon as possible. The object 
 of this examination, which must take place in the 
 presence of three of the chief clerks of the State Bank 
 and those of the Public Debt office, is to ascertain 
 whether the certificate is made out in the prescribed 
 form. When a general election has taken place, either 
 of both Houses or of one only, this inquiry must be 
 finished within three days, but in other cases it must be 
 concluded on the same day on which the papers aro 
 presented. 
 
 Both Houses have, however, to examine later on 
 whether their members possess the necessary qualifica- 
 tions, and this rule refers just as much to those members 
 whose papers have been found in order, as to those 
 against whom objections have been made. Members 
 
 B 
 
242 OPENING OP 
 
 Sweden, whose qualifications have been disputed exercise all their 
 rights and privileges as members until the decision of 
 the House has been made known in their case. 
 
 The chambers in which the two Houses sit are oblong 
 and not semi-circular, as is usually the case. In the 
 Lower House there is a desk in front of each seat. 
 
 Roil of At the first meeting of the Chamber, at the time 
 
 members 
 
 called. previously mentioned, after the temporary President has 
 appointed provisionally a. Keeper of the Kecords and his 
 assistants, a list of all the members is called over, and the 
 name of any member who is absent is noted in the 
 minutes of proceedings. 
 
 Nomination The first business* is the appointment of a deputa- 
 
 of President, 
 
 tion of 12 members, to wait on the King, and request 
 him to nominate a President and Vice-President. The 
 request is immediately complied with by the King, who 
 nominates them to each House out of its own members. 
 Pariiamen- Immediately on their appointment the President and 
 
 tary oath. 
 
 Vice -President take the following oath before the King : 
 " I. N. N., named for this Diet President (Vice-Presi- 
 " dent) of the First (Second) Chamber, swear before 
 " God and his Holy Gospel, that I wish to sustain and 
 tc defend, and will sustain and defend, with all my 
 " strength the power of the King and the rights of the 
 " Diet, in conformity with the law on the form of govern- 
 ' ' ment of the kingdom. I will likewise conform without 
 " restriction to the other fundamental laws of the 
 country. I will be faithful to this oath, as sure as 
 God shall save my body and soul."t In certain cases, 
 
 * In the Riksdag tnere seems to be no specified quorum. 
 
 f Reports upon the Political Oaths or Affirmations required from 
 the Members of Foreign Legislative Assemblies, &c< Miscellaneous, 
 No. 3 (1882). 
 
 fC 
 
THE SESSION. 243 
 
 such as when the throne is vacant, or the Sovereign is a Sweden, 
 minor, each Chamber elects its own President and Vice- 
 President, who then take the prescribed oath within the 
 House. 
 
 Xo oath is required to be taken by any other 
 member of the Riksdag. 
 
 The King publishes officially the date on which he opening of 
 
 Riksdag. 
 
 proposes to open the Riksdag, which must not be later 
 than the fifth open day after the commencement of the 
 session. At the time fixed, the members of the Riksdag, 
 after attending divine service, assemble in the throne 
 room (RUcssal) > where the King, or, if he thinks proper, 
 the Minister of State, or another member of the Council 
 of State, delivers a speech. On this occasion the King 
 communicates to the Riksdag, if the session is an or- 
 dinary one, a report upon anything which may have 
 happened relating to the government of the kingdom 
 since the last ordinary session, and also causes to be 
 sent to it two copies, one for each Chamber, of any 
 financial proposals which he may have in view ; if the 
 session is an extraordinary one, the Riksdag is informed 
 of the reason of its being summoned and of the nature 
 of the business which is to be brought before it, without 
 prejudice to the King's right to submit other measures 
 as well. After the King has opened the Riksdag, the 
 Presidents of the two Chambers present their humble 
 homage to him in the name of the Chambers. 
 
 Each House nominates and appoints its own Secre- Appointment 
 tary ; the other officers are nominated by the President ; 
 and certain other members are chosen by either House, 
 viz. : four in the Upper and eight in the Lower House, 
 who take part in the internal administration of the 
 Chamber. The place of the Yice-President in the hall 
 of assembly is to the right of the President's table, the 
 
 R 2 
 
244 OPENING OF 
 
 other members sitting according to the precedence of 
 the constituencies which they represent. 
 f ^ *^ e c ^ ose ^ ^ ne session the members of the 
 
 Riksdag assemble in the same manner as at the open- 
 ing, and present their respects to the King through 
 their presidents. The reces of the Riksdag, i.e., the 
 resume of all the resolutions which have been adopted 
 during the session, and which is printed every year in 
 the supplement of the "Bulletin de Lois," is imme- 
 diately read, and the King in person, or through a 
 Minister of the Council of State, declares the session 
 closed. 
 
 NORWAY. 
 
 As soon as a Storthing*, assembled after a new 
 election, has concluded the verification of the commis- 
 sions of the representatives, it proceeds to the election 
 of the Presidents and Secretaries. 
 
 Sister- * ^e se l ec fci on f the members of the Law Division 
 (Lagthing) then takes place; and when information has 
 been received by the Storthing that the Law, as well as 
 the Common Division (Odelsthing), has elected its 
 officers, the President, on behalf of the Storthing, 
 declares the same to be lawfully constituted, and makes 
 the necessary communication to the King, if he be at 
 hand, or otherwise to the Viceroy of the Norwegian 
 Government. In succeeding sessions of the same Parlia- 
 ment, the Storthing is constituted without any fresh 
 examination of the certificates of returns, with the 
 exception of those which are consequent on new 
 elections. 
 
 Order of In the assembled Storthing and in the Common 
 
 Division the members take their seats in the alphabetical 
 
THE SESSION. 245 
 
 order of the constituencies by which they are returned, Norway, 
 and in the Law Division according to the number of 
 votes by which they were elected. The Presidents and 
 Secretaries have separate places appointed for them. 
 
 Any representative, whose commission is verified 
 after the Storthing has divided itself into the Law and 
 Common Divisions, takes his seat in the Common 
 Division. In the case of elections that are necessary 
 to fill up vacancies among the members of the Law 
 Division, such members of the Common Division as sit 
 on the Eecords and Public Accounts Committee may not 
 be elected to the Law Division. 
 
 When the election of a President and Secretary Election of 
 takes place, a Vice -President and a Vice-Secretary are &c. 
 chosen at the same time, to act as their deputies. 
 
 No one may be President or Secretary at the same 
 time in more than one Division, and the President in 
 one Division may not be Secretary in either of the 
 Divisions. On the other hand, the Vice-President and 
 Vice- Secretary in a Division may be elected Presidents 
 and Secretaries in the other Division, if they are not 
 acting in the place of the actual Presidents or Secretaries 
 at the time when the election takes place. 
 
 The Presidents and Secretaries act as such for four 
 weeks, after which a new election takes place. The 
 retiring officer may be again elected, but he is not 
 bound to serve again until a time has elapsed equal to 
 that during which he last served in the same Storthing. 
 When anyone entitled to do so declines to serve, a new 
 election takes place immediately. 
 
 There is no parliamentary oath, as the term is Pariiamen- 
 generally understood, but after their election members 
 are required to take an oath of fidelity to the constitu- 
 tion in one of the ordinary courts of the country. 
 
246 
 
 OPENING OP 
 
 Usual time 
 of meeting. 
 
 Parliamen- 
 tary oath. 
 
 SWITZERLAND. 
 
 The " Conseil National " and the " Conseil des Etats" 
 of the Swiss Confederation assemble each year in 
 ordinary session on the first Monday in June. At the 
 time of the meeting of the two Houses, their Presidents 
 consult together as to the Chamber in which each 
 measure shall originate, and at the first or second sitting 
 each of them submits the result of their deliberations to 
 the decision of the Chamber over which he presides. 
 
 For the opening of a session, the Houses are sum- 
 moned by the Federal Council. The summons indicates 
 the hour of meeting and, as far as possible, the business 
 which is to be transacted. 
 
 Before entering on their duties, the members of the 
 Conseil National take the following oath: " In the pre- 
 fc sence of the Almighty, I swear to observe and maintain 
 " faithfully the Constitution and the Federal Laws; to 
 "protect the unity, honour and independence of the 
 " Swiss Fatherland ; to defend the liberty and rights of 
 ' ' the people and of the citizens ; lastly, to scrupulously 
 " fulfil the duties entrusted to me. So help me, God." 
 Each member repeats the words " I swear it." 
 
 The following form of oath is similarly administered 
 to members of the Conseil des Etats : " In the presence 
 " of Almighty God, I swear to protect the unity, honour 
 ' ' and independence of the Swiss Fatherland ; to 
 ({ defend the liberty, sovereignty and rights of the 
 ' ' people ; and to maintain faithfully the Constitution and 
 " the Federal Laws ; lastly, to fulfil scrupulously the 
 " duties which have been entrusted to me. So help me, 
 " God/' 
 
 In virtue, however, of Article 49 of the Swiss Con- 
 stitution, and of Article 19 of the law regulating the 
 
THE SESSION. 247 
 
 Federal Judicial Organisation, which respectively pro- Switzer- 
 vide that ' c the exercise of civil or political rights shall 
 "not be restricted by any prescriptions or conditions 
 ' ' whatsoever of an ecclesiastical or religious nature/' and 
 that ce for the benefit of judicial functionaries whose 
 " convictions will not allow them to take an oath a 
 ' ' solemn promise may be substituted for it," the following 
 alteration in the formula previously quoted was made by 
 both Chambers on the 8th March, 1875, this altered form 
 to be used by members whose religious convictions 
 might preclude them from taking an oath in the usual 
 manner : 
 
 The words " I solemnly promise " are in such cases 
 substituted for "In the presence of Almighty God, I 
 (( swear," and the concluding words " So help me, God/' 
 are omitted. 
 
 Only three members, however, of both Houses have 
 availed themselves of the privilege of using this form 
 since its institution. 
 
 The mode of administering both the oath and the Mode of 
 
 administra- 
 
 declaration is exceedingly simple. On the election turn. 
 of a new member, or when the Chambers are renewed 
 after the general elections, the form of the oath (and of 
 the declaration, if required) is read aloud in both 
 Chambers with closed doors, to the members present, by 
 the ' ' Chancellor " of the Confederation; and the new 
 member, or all the members present if the Chambers be 
 renewed, repeats the words " I swear it," or " I solemnly 
 " promise it/' as the case may be. This ceremony is 
 repeated every day, until every member on the list has 
 either taken the oath or made the declaration. 
 
 The Bureau of each Chamber,, which is elected every Bureaux, 
 session, consists of the President, Vice-President and 
 four Scrutineers. The President and Vice-President 
 
248 OPENING OF 
 
 Switzer- are chosen by two separate fc scrutins de liste," the 
 Scrutineers* are elected by one, an absolute majority 
 
 Mode of being requisite in each case. An election by " scrutin 
 {( de liste " is conducted by voting papers which bear a 
 private mark and are distributed among the members, 
 the number of papers issued being recorded in the 
 minutes of the proceedings. The Scrutineers inform the 
 Chamber of the number of the voting papers which 
 have been delivered, and also of the number of those 
 which have been returned. If the number of the papers 
 returned exceeds that of those which have been dis- 
 tributed, the proceedings are null and void and must be 
 recommenced ; if, on the other hand, the number 
 returned is equal to or less than the number distributed, 
 the election is valid. 
 
 At the first two trials of the voting the number of 
 members for whom votes may be given is unrestricted. 
 At the following trials the candidate or candidates who 
 have obtained the fewest votes are eliminated. But if it 
 happens that one candidate obtains the relative majority 
 and all the others have an equal number of votes, a 
 special trial of voting decides which of the last is to be 
 struck out. For this purpose each voter must write on 
 his voting paper the name of the candidate or candidates 
 who, in his opinion, ought to retire. If in two successive 
 trials the votes are equally divided between more than 
 two candidates, it is decided by lot who shall retire. If, 
 when only two candidates remain, they obtain an equal 
 number of votes in two successive attempts, the lot, 
 after the second attempt, decides who is elected. In 
 the election by ballot, blank or invalid voting papers 
 must not be taken into account in determining the number 
 
 * TVo in the "Conseil cles Etats," four in the " Conseil National." 
 
THE SESSION. 249 
 
 of tlie absolute majority; but when the vote is taken by Switzer- 
 sitting and rising, the number of members present is first 
 counted,, and afterwards the proceedings are carried on 
 in conformity with the above-mentioned rule. 
 
 In the case of the meeting of a new National Council 
 the presidency is assumed by the eldest of the members 
 present until the permanent President has been chosen. 
 In other cases the first sitting of a session is opened by 
 the member who presided in the previous session. 
 
 The Secretary is provided from the office of the secretary. 
 Federal Chancellor. He is responsible for the proper 
 keeping of the minutes of the proceedings ; and all acts, 
 motions, petitions, and any other papers (except the 
 reports of committees, which are read by the reporters 
 themselves), are read by him to the Council. He is 
 assisted in his duties by a translator. 
 
 UNITED STATES OF AMERICA. 
 The Congress, which consists of the Senate and Meeting of 
 
 Congress. 
 
 House of Representatives, assembles at least once in 
 every year, on the first Monday in December, unless a 
 different day is appointed by law. The Vice-President 
 of the United States takes the chair in the Senate, and 
 in the House of Eepresentatives the Clerk presides until 
 a Speaker has been elected. 
 
 The Senate chamber is semi-circular, and is. without Senate 
 
 Chamber. 
 
 its galleries, about as large as the House of Commons. 
 The chair of the Vice- President of the United States, 
 who is the presiding officer, is on a marble dai's in the 
 centre of the chord, the seats of the senators being 
 arranged opposite in concentric semi-circles with desks 
 in front of them. Behind the chairs is an open space 
 to which strangers are admitted. 
 
250 OPENING OP 
 
 United Senators of the Democratic party sit on the right of 
 
 States. 
 
 the chair, and the Kepublicans on the left, but not oppo- 
 
 site each other. 
 
 Kepresenta- ^e chamber of the House of Kepresentatives is also 
 semi-circular, and is in the south wing of the Capitol, 
 the Senate and the Supreme Court being in the north 
 wing. The Speaker's chair, with the clerk's seat in 
 front of him, and the seats of the members, are in the 
 same relative positions as in the Senate chamber. The 
 mace is placed near the clerk, and in front of him are 
 the official stenographers, with the seat of the serjeant- 
 at-arms on the right. Each member has a revolving 
 arm-chair, with a desk in front of it, where he writes and 
 keeps his papers. 
 
 Behind these chairs is a railing, and behind this railing 
 is an open space where strangers are admitted, and are 
 even allowed to smoke, although it is against the rules. 
 
 Lots are drawn for seats at the beginning of the 
 session, the senior member being allowed by courtesy to 
 retain the seat which he has appropriated, before the 
 drawing, by placing his hat on it. 
 
 Although the Democrats are mostly to the Speaker's 
 right, many members do not sit strictly according to 
 party. Every member is required to remain uncovered 
 in the House.* 
 
 Each House is the judge of the elections, returns 
 qualifications of its own members, and a majority of 
 each constitutes a quorum for business, but a smaller 
 number may adjourn from day to day and may be 
 
 * It is more than thrice the size of the English House of Commons, 
 which is 75 feet long by 45 broad, with a floor about equal in area to 
 that of Westminster Hall without the staircase, 139 feet long by 93 feet 
 wide and 36 feet high. " The American Commonwealth," by James 
 Bryce, Vol. I., pp. 188, 174. 
 
THE SESSION. 251 
 
 authorised to compel the attendance of absent members, United 
 in such, manner and under such penalty as each House 
 may provide. 
 
 In accordance with Article 6 of the Constitution of Parliamen- 
 tary oath. 
 
 the United States, the senators and members of the 
 House of Representatives are bound by oath or affirma- 
 tion to support the Constitution. This oath or affirma- 
 tion, which is prescribed by the Act of the 1st June, 
 1789, is taken in open Senate or House of Representa- 
 tives by each senator or member of the House, before 
 he enters upon his duties ; and he then also takes and 
 subscribes the oath or affirmation prescribed by the Act 
 of 2nd July, 1862 ; or if, having participated in the late 
 rebellion, he is unable to do this, he takes and sub- 
 scribes, in its place, the modified oath or affirmation 
 prescribed by the Act of llth July, 1868. The oath (or 
 affirmation) is administered by the President of the 
 Senate to each senator, and by the Speaker of the 
 House to each member, previous to his taking his seat. 
 When a President of the Senate or Speaker of the 
 House of Representatives has not taken the oath (or 
 affirmation), it may be administered to him by any 
 senator or member of the House as the case may be. 
 
 It is optional with the person whether he swears 
 or affirms, and in the latter alternative no inquiry is 
 made as to the reason of his choice. 
 
 In accordance with the express provision of the Con- 
 stitution, no religious test is required as a qualification 
 to any office or public trust under the United States.* 
 
 * Oath of Allegiance prescribed by the Act of July 2nd, 1862. 
 I, , do solemnly that I hare never voluntarily 
 
 borne arms against the United States since I have been a citizen thereof, 
 and that I have voluntarily given no aid, countenance, counsel, or en- 
 couragement to persons engaged in armed hostility thereto; that I have 
 
252 OPENING or 
 
 United On the day fixed for the first meeting of a new Con- 
 
 states, gross, the members elect assemble in the Hall of the 
 
 House called 
 
 Sericoffast -^- ouse ^ Representatives,, and at 12 o'clock are called to 
 
 order by the Clerk of the last House,, standing at his 
 
 Ron of desk. Haviner requested the members elect to respond 
 
 States called. 
 
 to their names as called, he proceeds to call the roll by 
 States in alphabetical order. After he has ascertained 
 whether or not a quorum is present, he announces the 
 fact to the House. If a quorum has answered, it is then 
 
 Motion to usual f or some member to move, " that the House do now 
 
 speaker. " proceed to the election of a Speaker." 
 
 never sought nor accepted, nor attempted to exercise the functions of 
 any office whatever under any authority, or pretended authority, in 
 hostility to the United States ; that I have not yielded a voluntary 
 support to any pretended government, authority, power or constitution, 
 within the United States, hostile or inimical thereto. And I do further 
 swear (or affirm) that, to the best of my knowledge and ability, I will 
 support and defend the Constitution of the United States against all 
 enemies, foreign and domestic; that I will bear true faith and allegi- 
 ance to the same; that I take this obligation freely, without any mental 
 reservation or purpose of evasion ; and that I will well and faithfully 
 discharge the duties of the office on which I am about to enter. So 
 help me, God. 
 
 Sworn and subscribed before me, this day of 
 
 If the person appointed shall have participated in the late rebellion, 
 
 and all legal disabilities shall have been removed from him by an Act 
 
 of Congress by a vote of two-thirds of each House, he will, before 
 
 entering upon such duties, instead of the above, take the following: 
 
 Oath of Allegiance prescribed by the Act of July llth, 1868. 
 
 I, , do solemnly that I will support and defend 
 
 the Constitution of the United States against all enemies, foreign and 
 domestic ; that I will bear true faith and allegiance to the same ; that 
 I take this obligation freely, without mental reservation or purpose of 
 evasion ; and that I will well and faithfully discharge the duties of the 
 office on which I am about to enter. So help me, God. 
 
 Sworn and subscribed before me, a , in and for 
 
 the , this day of , A.D., 188 . 
 
 Eeports upon the Political Oaths and Affirmations required from the 
 Members of Foreign Legislative Assemblies, &c. Miscellaneous, No. 3 
 (1882). 
 
THE SESSION. 253 
 
 The question on this motion having been put by the United 
 Clerk, and decided affirmatively, he then designates four 
 members, to act as tellers of the vote about to be 
 taken, usually making his selection from members of 
 different parties. The tellers having taken their seats 
 at the Clerk's desk, and nominations having been 
 made and recorded, the Clerk proceeds to call the roll of Ron again 
 
 ; m m called. 
 
 members alphabetically, each member, as his name is 
 called, pronouncing audibly the name of the person voted 
 for, and the Clerk (through one of his assistants) record- 
 ing the name of the members voting in a column under 
 that of the member voted for. After the roll-call is 
 completed, and every member present (and desiring it) 
 has voted, the lists of votes for each candidate are read 
 over by the Clerk, when one of the tellers rises and 
 announces to the House what number of votes each can- 
 didate has received. 
 
 If no person has recived a majority of all the votes 
 given, the House then proceeds (if no other order be 
 taken) to a second vote, and so on until an election is 
 effected. But if any person has received a majority of 
 all the votes given, and a quorum has voted, the Clerk 
 declares such person ' ' duly elected Speaker of the House 
 " of Eepresentatives for the Congress." 
 
 The Clerk then designates two members (usuallv of speaker con- 
 ducted to 
 different politics and from the number of those voted for chair. 
 
 as Speaker) " to conduct the speaker elect to the Chair," 
 and also one member (usually that one who has been 
 longest in continuous service a member of the House) 
 " to administer to him the oath required by the Consti- 
 " tution and laws of the United States." In case of HOW vacancy- 
 vacancy in the office of Clerk, or of his absence, orcierkis 
 
 . supplied. 
 
 inability, the duties imposed on him by law or custom, 
 relative to the preparation of the roll or organisation 
 
254 
 
 OPENING OP 
 
 United 
 States. 
 
 Address of 
 Speaker, and 
 oath ad- 
 ministered. 
 
 Oath ad- 
 ministered to 
 members. 
 
 Delegates 
 sworn. 
 
 Message to 
 Senate. 
 
 Joint Com- 
 mittee 
 appointed to 
 wait on the 
 President." 
 
 Election of 
 officers. 
 
 Opening of 
 
 ordinary 
 
 Session. 
 
 of the House, devolves on the Serjeant-at-Arms ; and in 
 case of vacancies in both of the said offices, or of the 
 absence or inability of those officers to act, the same 
 duties are performed by the doorkeeper. 
 
 Having been conducted to the chair, it is usual for 
 the Speaker to deliver to the House a brief address, on 
 the conclusion of which the oath is administered to him, 
 and he takes his seat as the Presiding Officer of the 
 House. 
 
 He then directs the Clerk to call the roll of members 
 by States, requesting each member as his name is called 
 to approach the chair, when he administers to him 
 the oath to support the Constitution of the United 
 States. 
 
 The delegates from the Territories'* are then called 
 and sworn, and thereupon a message is sent to the 
 Senate, to inform them that a quorum of the House 
 of Eepresentatives has assembled and chosen their 
 Speaker, and that the House is now ready to proceed 
 to business. 
 
 A committee of three members is then appointed to 
 join with a committee of the Senate, "to wait on the 
 " President of the United States and inform him that 
 " a quorum of the two Houses has assembled, and that 
 " Congress is ready to receive any communication he 
 " may be pleased to make." 
 
 The election of officers is next proceeded with, and 
 on it being completed the Houses may be considered as 
 fully organised. 
 
 At a second or subsequent session of Congress the 
 members are called to order by the Speaker, when he 
 
 * Districts on which the full powers of a State have not yet been 
 conferred. 
 
THE SESSION. 255 
 
 causes the Clerk to call the roll of members by States, United 
 
 States, 
 for the purpose of ascertaining whether or not a quorum 
 
 is present. A message is then sent to the Senate by the Message to 
 
 Clerk to inform them that the House is ready to proceed 
 
 to business, and consequently, as at the first session a 
 
 joint committee is appointed to wait on the President. 
 
 An order is also passed fixing the hour of daily meeting Hour of 
 
 meeting 
 
 until otherwise ordered. fid. 
 
256 PRESIDENT AND OFFICERS. 
 
 CHAPTER III. 
 
 PEESIDENT AND OFFICEBS, 
 
 AUSTRIA-HUNGARY. 
 
 President. The President of each House opens and closes the 
 
 sittings, and presides over the debates. It is his duty 
 to see that the rules of the House are properly carried 
 out, and to direct the course of its proceedings. 
 
 Members desirous of speaking must obtain his per- 
 mission to address the House, and he puts all questions 
 
 His powers and announces the result of the votes. In the case of 
 
 in case of 
 
 disturbance, disturbance, the President has the power to suspend or 
 
 even to close the sittings, and to order the strangers' 
 
 Appoints the galleries to be cleared. Under his authority the officials 
 
 officials. J 
 
 and servants of the House are engaged, the appoint- 
 ment of the Secretaries, who have to write the minutes 
 of the proceedings, and of the short-hand writers, is 
 under his control, and he is responsible for the keeping 
 of the expenditure of the House in accordance with the 
 estimates of the budget. 
 
 All accounts and papers issued by the House must 
 
 be signed by the President and one Secretary. The 
 
 Represents former opens and distributes all petitions which are 
 
 the House. 
 
 addressed to the House, and acts as its representative 
 in all matters. 
 
PRESIDENT AND OFFICERS. '2-J t 
 
 The first Vice-President, and in case of his mi- Austria, 
 avoidable absence, the second Yice-President performs (tents. re ' 
 the duties, and exercises the authority of the President 
 for the whole time during which the latter is prevented 
 from taking the chair. 
 
 At the commencement of a Parliament, the President President 
 
 and Vice- 
 
 and Vice-Presidents of the Lower House are elected for President, 
 a period of four weeks, and after that for the remainder 
 of the session. 
 
 In succeeding sessions they are chosen for the whole 
 session. 
 
 The House elects from amongst its members 12 secretaries. 
 Secretaries, whose duty it is to examine the minutes of 
 the proceedings and the short-hand reports. They assist 
 the President in ascertaining the result of the voting, 
 conduct the scrutinies in elections within the House, and, 
 under his direction, draw up the necessary documents, 
 in accordance with the resolutions of the House. 
 
 The Secretaries are elected for the whole period of 
 the session, but if one of them is a member of at least 
 two committees, or if he has acted as Secretary for six 
 weeks, he may resign his office, and a successor is there- 
 upon immediately appointed. 
 
 Two officers are also elected for the whole period of TWO officers 
 
 appointed lo 
 
 the session, whose duty it is to carry out the rules 
 which relate to the arrangements of the different parts 
 of the House, and to lay down such regulations as are 
 necessary for the maintenance of order therein. 
 
 HUNGARY. 
 
 The permanent officials of the Hungarian Diet con- 
 sist of a President, two Vice- Presidents, and six Secre- 
 taries and a Serjeant. 
 
 S 
 
258 PRESIDENT AND OFFICERS. 
 
 Hungary. The President of the House is chosen for the whole 
 term of the Parliament, whilst the other officers are 
 newly elected every year, remaining, however in office 
 until after the appointment of their successors. 
 
 Duties of In accordance with the will of the House the Presi- 
 
 President. 
 
 dent opens and closes the sitting, fixes the order of the 
 day for the next sitting, and sees that proper notice is 
 given. He receives and communicates to the House all 
 documents which are addressed to it, and signs the 
 minutes of proceedings. He is also responsible for the 
 maintenance of order, and for the proper conduct of the 
 debates. 
 
 He announces the time of the sitting by a notice 
 posted on the doors of the House of Eepresentatives, and 
 by suspending wall placards in various parts of Buda- 
 Pesth ; at the end of a sitting he notifies the time of the 
 next meeting, according to the directions of the House. 
 
 In cases where the House has adjourned of its own 
 accord, the President is bound to summon a meeting on 
 the requisition of 20 members. 
 
 The President can always speak on a point of order, 
 and it is his duty, if members wander from the subject 
 of debate, to recall them to it. Should he wish to speak 
 on the general merits of a question, he must resign the 
 chair to one of the Vice-Presidents, who will preside 
 Has a casting until the conclusion of that particular debate. The 
 
 vote. 
 
 President has the right of voting only when the votes 
 are equal. 
 Disturbance If any member of the House disturbs the proceedings 
 
 in the House. J 
 
 he can be called to order by the President, and no person 
 is allowed to raise any objection, or to make it a subject 
 of debate. 
 
 In the case of continued disturbance, the President 
 has the power of adjourning the House for an hour. 
 
PRESIDENT AND OFFICERS. 259 
 
 Any member who desires to be absent from the Hungary, 
 sittings of the Chamber can obtain leave of absence absence to 
 
 members. 
 
 from the President for a period not exceeding 15 days ; 
 but if it is required for a longer time, it can only be 
 obtained by applying to the House itself. 
 
 If at any time the House cannot proceed to business. Absence of 
 
 quorum. 
 
 in consequence of there being no quorum, the President 
 can have the names called over, and may mention the 
 matter at the next sitting, when the absentees will be 
 ordered to attend on a certain day on pain of incurring 
 the censure of the House. 
 
 All vacancies which occur in the staff of the offices 
 are filled up by the President on the nomination of the 
 Secretaries, Librarian, or Serjeant respectively. 
 
 The payment of the daily allowance to members is Payment of 
 
 . members. 
 
 under his control, but it is not made to members who 
 are absent without leave. 
 
 The official labours of the President continue through 
 the holidays also, since he receives all documents which 
 may be sent to the House, and transacts any necessary 
 business which may arise. 
 
 The Secretaries are entrusted with the duty of com- Secretaries, 
 piling and signing the minutes of the House, and of 
 reading such documents as may be necessary. They 
 also enter the names of those members who desire to 
 speak, and call on them in succession at the proper time, 
 and count the votes after a division. The minutes must The minutes, 
 contain the question which has been debated, the result 
 of the voting, and the decision, and, unless the House 
 determines otherwise, all interpellations with their 
 answers. If any objection is raised as to the contents, 
 they are corrected, and then immediately printed and 
 circulated among the members. 
 
 All the public documents of the House are kept b}- 
 
 s 2 
 
260 PRESIDENT AND OFFICERS. 
 
 Hungary, the Secretaries, and the printing arrangements and 
 personal staff of the office are under their control. They 
 also act on all occasions as the medium of communica- 
 tion between the two Houses. 
 
 Serjeant. The Serjeant is the executive officer who carries 
 
 out the orders of the House under the direction of the 
 President. 
 
 He is responsible for the proper care of the buildings 
 occupied by the Parliament and their contents, and 
 makes every necessary arrangement for the comfort of 
 the members. 
 
 All summonses and official documents are issued 
 under his orders, and he has the direct management and 
 control of the guards and attendants of the House. 
 
 The official duties of the serjeant do not terminate 
 with the session, but continue during the recess, since 
 he has to give an account of what has been entrusted 
 to his charge when the Parliament re-assembles. After 
 a dissolution he is under the orders of the Minister of 
 the Interior until the meeting of the new House. 
 
 BELGIUM. 
 
 President. The duty of the President is to maintain order in the 
 
 House over which he presides, and to cause the rules 
 to be observed. He likewise grants permission to any 
 member who wishes to speak, puts the questions, and 
 announces the result of the votes, besides pronouncing 
 the decisions of the Chamber and speaking in its name 
 and in conformity with its wishes. He cannot speak in 
 a debate, except for the purpose of stating the question 
 and preventing irrelevant discussion. If he wishes to 
 take part in the debate, he leaves the chair and cannot 
 
PRESIDENT AND OFFICERS, 2G1 
 
 resume it until the termination of that particular dis- Belgium, 
 cussion. 
 
 To the Secretaries is entrusted the duty of drawing secretaries, 
 up the official report, and of reading it; they have also 
 to keep a list of the members who have asked leave to 
 speak, according to the order of their application, and 
 to read all motions, amendments and other documents 
 which ought to be communicated to the Chamber. They 
 also keep a record of the resolutions and votes, call over 
 the names of the members, and transact all business 
 which falls within the province of the Permanent Bureau. 
 The Secretaries are permitted to speak in the debates, 
 but in that case are obliged to take their place among 
 the other members, 
 
 DENMARK. 
 
 The Presidents of both Houses of the Rigsdag are President. 
 entrusted with duties of a very similar character. Each 
 is responsible for the maintenance of order in the House 
 and for the proper conduct of the business. 
 
 The minutes of proceedings and all other official 
 documents emanating from the House are drawn up 
 under his supervision, and he also superintends the 
 keeping of the accounts. The sittings of both Houses 
 are public, but if the President or 12 members (or 15 in 
 the Folkething) demand that strangers shall retire, the 
 House decides whether the public shall be excluded. 
 
 The President grants the right of speaking to every 
 
 speaking. 
 
 member who asks for it, and if he has had occasion to 
 call him to order twice during the same sitting, he can 
 propose to the House to silence him for the remainder of 
 the sitting. 
 
262 PRESIDENT AND OFFICERS. 
 
 Denmark. If the President wishes to take part in a debate, he 
 must vacate the chair, which is taken by the senior 
 Vice-President, according to the order in which he was 
 
 Leave of elected. The President is empowered to give leave not 
 
 absence. 
 
 exceeding a fortnight, to members who are desirous of 
 absenting themselves from the service of the House. 
 
 strangers. The arrangements for the admission of the public to 
 
 the galleries of the House are under the direction of the 
 President, and in case of disturbance he may order the 
 removal of all strangers. 
 
 Alteration of On urgent occasions, on the motion of the President, 
 or of 12 members (15 in the Folkething), the rules, so 
 long as they are not embodied in the constitution, may 
 be altered by a majority of three-fourths of the members 
 voting. 
 
 The President decides the way in which questions 
 are to be put, and divisions taken, unless 12 members in 
 the Upper or 15 in the Lower Chamber request that the 
 decision be left to the House. 
 
 order of the The order of the day for the next sitting is always 
 fixed by the President, unless 12 members in the Lands- 
 thing and 25 in the Folkething propose that it should 
 be fixed by the House ; and if it has not been so fixed, 
 he can alter it at his own pleasure, so long as he explains 
 his reasons to the House. 
 
 chief cierk. A Chief Clerk and a Secretary are appointed by the 
 Rigsdag as paid officials. 
 
 The Clerk is nominated or dismissed, on the motion 
 of the Presidents, by resolution of the Rigsdag ; he 
 conducts all the business which is referred to the Bureau 
 of the Rigsdag under the authority of the Presidents of 
 the Houses, and according to their directions. The 
 archives are kept in his custody, and he has also the 
 care and superintendence of the rooms and furniture of 
 
PRESIDENT AND OFFICERS, 263 
 
 the House throughout the year, and acts as editor of the Denmark. 
 Gazette of the Folkething. 
 
 The Secretary is appointed or dismissed by the Paid secre- 
 Landsthing on the motion of the President ; his duties 
 consist in revising the Gazette of the Landsthing, in 
 drawing up the indexes to the Gazette of both Houses, 
 and in carrying out any business which may be entrusted 
 to him by the President. 
 
 Whilst the Kigsdag is in session, these two officials 
 receive a daily allowance of three rigsdollars, equal to 
 6s. 8d. in English money, besides the following yearly 
 salaries : To the Clerk, 800 rigsdollars, to the Secretary 
 of the Landsthing, 600 rigsdollars, with an addition to 
 each of 50 rigsdollars for each year's service, until a 
 maximum of 200 rigsdollars is attained, reckoning from 
 their appointments to their respective offices. They are 
 also entitled to pensions. 
 
 A certain number of assistant clerks is appointed by Assistant 
 the President of each House to assist in preparing the 
 Gazettes and their indexes. 
 
 FRANCE. 
 The functions of the Bureaux of the two Chambers, Functions of 
 
 Bureaux. 
 
 the members of which are the President, Vice-President, 
 Secretaries, and Quaestors, are exercised either in- 
 dividually or collectively; individually when they can, 
 or ought to, be performed by one member ; collectively 
 when they appertain to the whole Bureaux, and are 
 carried out by the majority. 
 
 The President's duties are, for the greater part, in- President, 
 dividual in their nature. His place can be supplied by 
 a Yice-President, but there is rarely any other way in 
 which the latter can assist him. 
 
264 PRESIDENT AND OFFICERS. 
 
 France. Tlie President opens the sitting, directs the debates, 
 
 and maintains order. He takes care that the rules are 
 observed, and informs the Chamber of any communica- 
 tions which concern it. He alone can give permission to 
 speak or recall the speaker to the question. To him 
 also are sent all bills, motions, amendments, and 
 demands to put interpellations, &c. The President 
 transmits to the Bureaux, or the committee appointed 
 to consider them, all bills and motions which have been 
 referred to them. 
 
 He receives the resignations of members, and com- 
 municates them to the House ; and he also informs the 
 Chamber of any crimes that have been committed within 
 its precincts. The result of the deliberations of the 
 Chamber is announced by the President, and he declares 
 those members to be admitted whose powers have 
 been recognised as valid. He arranges the order 
 of the day, after consultation with the Chamber, and 
 pronounces the adjournment of the sitting. 
 
 All papers connected with the business of the House 
 are signed by him, and transmitted to the proper 
 
 Leave of quarters. He submits applications for leave to the 
 
 absence to 
 
 members. Chamber, but can himself grant leave in very urgent 
 cases. He is responsible for the safety of the Chamber, 
 the military guard being placed under his orders. He 
 likewise has control over all the officials of the House, 
 and it is his business to see that their duties are properly 
 performed. 
 
 vio.e-presi- A Vice-President takes the place of the President in 
 his absence, and signs the minutes of proceedings. He 
 also signs the authorised copies of the bills and resolu- 
 tions which have been voted during his occupancy of the 
 chair. 
 
 secretaries. The Secretaries edit the minutes of proceedings, read 
 
PRESIDENT AND OFFICERS. 265 
 
 them, and sign them. They insert in the list the names France. 
 of those members who ask leave to speak. The result of 
 all balloting is ascertained by them. They call over the 
 roll of members, and make a note of the calls to order. 
 
 The President and Secretaries together ascertain the 
 result of the vote given by sitting and rising, and the 
 number of the members present in the House ; they also 
 call the attention of the Chamber to the illegal presence 
 of any member who has been excluded by its order. 
 
 The Qua9stors are charged with the accounts, and the Quaestors, 
 management of the expenditure ; they have the direction 
 and control of the administrative services, and inhabit 
 the palace of the Chamber. 
 
 The collective functions of the Bureaux are not iden- collective 
 
 functions of 
 
 tical in the two Chambers ; in the Chamber of Deputies Bureau*, 
 the Bureau can be called upon to decide upon the claims 
 of the deputies who have been inscribed in the Official 
 Journal as absent without leave ; but in the Senate no 
 such duty exists. On the other hand, the Bureau of the 
 Senate is charged with determining the nature of the 
 insignia which are borne by senators, whereas in the 
 Chamber this question is determined by the rules them- 
 selves/ 1 " 
 
 G-EKMANY. 
 
 It is the duty of the President to regulate the business President, 
 and to superintend the proceedings of the House; to 
 maintain order, and to act as the representative of Par- 
 liament in all matters relating to its business outside its 
 precincts. 
 
 * Trait e Pratique de Droit Parlementaire. Par MM. J. Poudra et E. 
 Pierre (841-847). Pages 438-441. 
 
266 PRESIDENT AND OFFICERS. 
 
 Germany. He has tlie right to be present at the meetings of the 
 
 sections and committees, and take part in their debates. 
 
 His powers With a view to maintaining that order, without which no 
 
 in case of . 
 
 disorder. business can be carried on, the President is empowered 
 to name any member who persistently disregards the 
 rules, and to submit his conduct to the consideration of 
 the House, and in the event of a general disturbance, he 
 can suspend the sitting for a short time, or adjourn it to 
 another day. The strangers 3 galleries are under his 
 control, and he can at any time order them to be cleared, 
 if in his opinion such a course should appear necessary. 
 
 Leave of Any member may obtain leave of absence for eight 
 
 absence to 
 
 members. day s "by applying to the President, but if any longer 
 time is required, it cannot be granted without the leave 
 of the House. 
 
 The President is the sole arbiter as to who shall take 
 part in a debate, since no member can speak who has not 
 first applied for and received his permission. He puts 
 all the questions to the vote, and gives his decision on 
 any point of order to which his attention may be drawn; 
 but if he wishes to take part in the debate he must 
 vacate the chair, which will be occupied until the close 
 of that particular discussion by one of the Vice-Presi- 
 dents . At the conclusion of every sitting he arranges 
 and announces the order of the day for the next meeting. 
 The President has the control over the officers of the 
 House, engaging and dismissing all persons necessary 
 for the administration and services of the Chamber, and 
 controlling the expenditure. 
 
 Vice-Presi- The Vice-Presidents represent the President when he 
 
 dents. 
 
 is unavoidably absent, or when he is prevented by the 
 rules, as above mentioned, from occupying the chair. 
 Secretaries. The Secretaries are entrusted with the duty of 
 drawing up the minutes of proceedings, which must 
 
PRESIDENT AND OFFICERS. 267 
 
 contain every resolution which has been passed, as well Germany, 
 as all interpellations with their answers, and any official 
 announcements which have been made by the President. 
 They have also to supervise the short-hand reports, to 
 read out the orders of the day, and to call over the 
 names of the members. In the divisions they act as 
 tellers, assisting the President on all occasions in the 
 management of the external affairs of the House. 
 
 In addition to the officials above-mentioned, the Pre- Qmestors. 
 sideiit appoints two members who act as treasurers and 
 accountants during his term of office. 
 
 G-EEECE. 
 
 The duty of the President is to maintain order during President, 
 the sitting of the House, and to cause the rules to be 
 observed. He likewise puts the questions and announces 
 the result of the votes, besides pronouncing the decisions 
 of the Chamber and speaking in its name and in con- 
 formity with its wishes. He cannot speak in a debate, 
 except for the purpose of stating the questions and 
 preventing irrelevant discussion ; if he wishes to take 
 part in the debate, he must give up the chair to his 
 lawful substitute, and cannot resume it until the termi- 
 nation of that particular discussion. 
 
 The Vice-Presidents, in the order of seniority deter- vice-Presi. 
 
 J dents. 
 
 mined by the number of votes received by each, lawfully 
 represent the President, in his absence or when he is 
 otherwise prevented from taking the chair. In the case 
 of the absence of all the Vice-Presidents, the senior 
 member present will take the chair. 
 
 To the Secretaries is entrusted the duty of drawing Secretaries. 
 up the minutes of proceedings and of reading them ; 
 
268 PRESIDENT AND OFFICERS. 
 
 Greece, they liave also to keep a list of tlie members, who have 
 asked leave to speak, in the order of their application, 
 and to read all motions, amendments and other docu- 
 ments, which ought to be communicated to the House ; 
 to publicly count the votes and keep a record of the 
 vote of each member in divisions, where each member's 
 name is read aloud and his vote taken, and of the 
 decisions of the House, and in general to perform all the 
 duties belonging to the Presidents and Vice-Presidents. 
 In their absence, the President requests the three junior 
 members present temporarily to fill their places. 
 
 officers The following* officers are appointed bv the Pre- 
 
 appointedby J 
 
 dent Presi " silent : A chief clerk in the office ; an editor of the 
 minutes ; an assistant editor ; a despatching officer ; an 
 accountant ; a corrector of proofs ; a clerk ; a corrector 
 of the short-hand reports; four senior short-hand writers ; 
 one junior; an apprentice short-hand writer; two 
 assistants and six copyists. The President also appoints 
 one chief police officer ; one serjeant of police and fifteen 
 beadles (fcATjrfjpae) . All these officers must take the 
 prescribed oath before the President. 
 
 salaries. The monthly salary of the officers of the House 
 
 is as follows : (1) The chief clerk, 320 francs; (2) the 
 editor, 250 francs; (3) the assistant editor, 150 francs; 
 (4) the despatching officer, 280 francs; and the accountant, 
 280 francs. 
 
 Librarian. The Librarian has the supreme supervision of the 
 
 House and of every thing connected with it ; and 
 especially of the library and archives; and he has the 
 
 His duties, regulation of all official ceremonies in the House. He 
 submits a motion to the finance committee, which in 
 turn submits it to the House, demanding a vote for 
 the decoration of the House, for the purchase of books, 
 or for any other requisite. He also keeps the keys of 
 
PRESIDENT AND OFFICERS. 269 
 
 the House, and is responsible for its decent maintenance Greece, 
 during the recess. The order for the payment of the 
 salaries of the officers of the House during the recesses 
 is issued by him, and he is held responsible for the 
 conduct of the officers retained in the service of the 
 House during those times. Should the House be dis- 
 solved, the President of the dissolved House, together 
 with the higher officials present, determines what 
 officers shall be retained until the next House is 
 elected. The Librarian must furnish his successor on 
 going out of office with a written list of all the property 
 of the House, which he hands over to him. He is 
 required to perform his duties after the end of the 
 session till the beginning of the next and the election 
 of a new Librarian. In the event of the dissolution of 
 the House, the member acting as Librarian on the day 
 of dissolution performs his duties until the forma- 
 tion of the new House and the election of a new 
 Librarian, even though he himself be not re-elected. A 
 former Librarian may be re-elected even if he has 
 ceased to be a member of the House. In such a case 
 his salary shall be equal to that of the Librarian of the 
 National Library. 
 
 The duties of the Treasurer appointed by the House Treasurer. 
 are (1) to draw up the monthly accounts according to 
 the estimates; (2) to submit these monthly -accounts to 
 the finance committee. 
 
 ITALY; 
 The Permanent Bureau of the Senate consists of the permanent 
 
 Burotiu of 
 
 President and Vice-Presidents, who are nominated by the senate. 
 the King, and of, four Secretaries and two QueestorSj 
 elected by the Senate out of its own number; 
 
270 PRESIDENT AND OITICEES. 
 
 Italy. The President is responsible for the maintenance of 
 
 his duties' order in the House, and it is his duty to see that the 
 rules are properly observed. Under the Standing Orders 
 in force on the subject he gives permission to speak to 
 the senators, and to the ministers and commissaries of 
 the King, announces the result of the vote, and speaks 
 in the name of the Senate in conformity with the will of 
 the majority. He also presides over the deliberations of 
 the Bureau of the Chamber, and superintends all the 
 duties which are delegated by the rules to the Secre- 
 taries and Quaestors. 
 
 s^eak^n ^ s P res ^ en * ^ e cannot take any part in a debate, 
 
 debate. except f or the purpose of explaining the question, and of 
 recalling to it such speakers as may have wandered from 
 it. Should he, nevertheless, desire to express an opinion 
 on the merits of the question before the House, he must 
 leave the President's chair, and not resume it until the 
 conclusion of the particular debate and the termination 
 of the vote thereupon. 
 
 vjce-Piesi- I n the absence of the President, one of the Vice- 
 Presidents takes the chair, according to seniority in 
 point of nomination, and during the remainder of the 
 debate is subject to the same rules as the President him- 
 self under similar circumstances. 
 
 At the commencement of the first meeting of each 
 
 session the President calls upon the four youngest 
 
 senators present to undertake temporarily the duties of 
 
 Nomination the Secretaries. The Senate them immediately proceeds 
 
 ofSecre- r 
 
 Qi\o?s d by W ^ n ^ ne nomination of four permanent Secretaries and 
 
 scrutinde two Quaestors. 
 
 All these nominations are made by " scrutin de liste " 
 (squittinio di lista), that is to say, by ballot papers, each 
 of which ought to contain as many names as there are 
 nominations to be made. 
 
PRESIDENT AND OFFICERS. 271 
 
 Ballot papers which contain a greater number of Italy, 
 names than there are vacancies to be filled up, are valid 
 as regards the names first inscribed, so far as they 
 correspond to the number of vacancies. 
 
 Three senators, drawn by lot, count the votes and 
 inform the President, who declares the result at the 
 same, or if not, at the next sitting. 
 
 For the nominations of the Secretaries and Quaestors, 
 an absolute majority of those who are present is required; 
 but when this is not obtained in the first or second 
 ballot, a third attempt is made, in which votes cannot be 
 given except to those senators, to the number of double 
 the nominations to be made, who in the second ballot 
 obtained the greater number of votes. In case of the 
 votes being equal, the senator who is senior in point of 
 standing is elected, but if there are several of the same 
 standing, then the eldest in age is chosen. As soon as 
 the Bureau has been constituted, the President informs 
 the King in the name of the Senate, and notice is also 
 sent to the Chamber of Deputies. 
 
 The four Secretaries remain in ofiice for the whole of secretaries. 
 the ensuing session; but if during its course two or more 
 vacancies occur from death or resignation, or any other 
 cause, they are filled up in the manner above mentioned. 
 
 The Secretaries, of whom two at least must alwavs Duties of the 
 
 J Secretaries. 
 
 be present at every sitting of the Senate, superintend 
 the compiling of the minutes of proceedings, and read 
 them to the House. 
 
 They inscribe in the list kept for that purpose, the 
 names of the senators who wish to speak, and read out, 
 at the request of the President, bills or any other docu- 
 ments which ought to be communicated to the Senate. 
 
 It is their duty also to note the result of all divisions, and 
 to call over the names of the members when necessary. 
 
272 PRESIDENT AND OFFICERS. 
 
 Italy. All papers which have reference to any business 
 
 which is about to be discussed,, are transmitted through 
 them to the Bureau and committees, and tjh.ey super- 
 intend the procedure of the Secretaries' and short-hand 
 writers' offices. 
 
 The administration for the interior economy of the 
 Senate is divided into four offices : (1) The secretary's 
 office j (2) the short-hand writers' ; (3) the library ; and 
 (4) the treasury. 
 
 official de- The heads of these four offices are nominated by the 
 
 partments. 
 
 Senate, by secret ballot; and their appointments are 
 revocable in the same manner. 
 
 The director of the secretary's office compiles the 
 minutes, keeps the register of petitions, and writes the 
 official letters and despatches, which require the signa- 
 ture of the President or a member of the Bureau. He 
 also superintends the printing ordered by the House, 
 provides for the despatch of all summonses to meetings 
 of the Senate, the Bureaux, and the committees, and for 
 the proper distribution of bills and other documents. In 
 short, he is, under the superintendence of the Secretaries, 
 responsible for the proper administration of all the 
 business of his department. 
 
 The head of the stenographic department, who is also 
 a subordinate of the Secretaries, is responsible for the 
 proper performance of the short-hand writing of the 
 House, and, during the recess, instructs pupils in the 
 art* 
 
 Quaestors, The Quaestors have the superintendence of every- 
 
 thing which relates to the interior arrangements of the 
 House, the management of the accounts and the main- 
 tenance of order, and they co-operate with the Quaestors 
 of the Chamber of Deputies in all matters which are 
 common to both. They are nominated in one session, 
 
PEESIDENT AND OFFICERS. 273 
 
 and remain in office until the next, when their successors Italy, 
 are appointed and take over their accounts. In the case 
 of a vacancy a new member is selected to fill the office; 
 but if during the recess both offices become vacant, then 
 the secretary who received the greatest number of votes 
 in the previous session takes over the duties tem- 
 porarily. 
 
 The librarian, the keeper of the records, and the 
 cashier of the treasury, with their subordinates, are 
 under the supervision of the Quaestors. 
 
 Both the Secretaries and the Quaestors can take part 
 in the debates like other senators. 
 
 In the Lower House all the officers of the Chamber Chamber of 
 
 Deputies. 
 
 are elected by ballot, and whereas the number of Vice- 
 Presidents is limited to two in the Senate, and there are 
 only four Secretaries, in the Chamber of Deputies four 
 Yice-Presidents and eight Secretaries are always chosen. 
 
 The nominations are made by ballot papers and an 
 absolute majority, and if this is not obtained at the first 
 ballot, a vote is taken by ballotage, and in the event of 
 the votes then being equal, the eldest is elected. 
 
 As the duties of the officials of both Houses are iden- 
 tical it is unnecessary to allude to them any further. 
 
 JAPAN. 
 
 There is in each House a President and a Vice- President, 
 President. 
 
 The term of the office of the President and of the 
 Vice-President of the House of Representatives is the 
 same as that of the membership. 
 
 When the office of President or of Vice-President of 
 the House of Representatives has become vacant by 
 
 T 
 
274 PRESIDENT AND OFFICERS. 
 
 Japan. the resignation of the occupant or for any other 
 reason, the term of office of the successor is in cor- 
 respondence with that of his predecessor. 
 
 Duties of The President of each House maintains order therein, 
 
 President 
 
 regulates the debates, and represents the House outside 
 thereof. 
 
 The President of each House shall continue to assume 
 the direction of the business of the House during the 
 interval that the Diet is not in session. 
 
 The President is entitled to attend and take part in 
 the debates of both the standing and of the special 
 committees, but he has no vote therein. 
 
 In each House, in the event of the disability of the 
 President, he is represented in his functions by the 
 Vice-President. 
 
 of P t P em n paJy * n eac ^ Souse, in the event of the disability of both 
 president. ^ p res i^ en t an a o f the Vice-President at the same 
 time, a temporary President is elected to exercise the 
 functions of President. 
 
 The President and the Vice-President of each House, 
 upon the expiration of their term of office, continue to 
 exercise their functions until their successors have been 
 nominated by the Emperor. 
 
 cwef secre- j n eacn House there are appointed a Chief Secretary 
 and several Secretaries. 
 
 The Chief Secretary must be of the Chokunin rank, 
 and the Secretaries of the Sonin rank.* 
 
 * " Chokunin " is the title of the rank of an official who is appointed 
 tinder the Imperial sign-manual nearest equivalent in English, 
 " holding the Queen's commission," or a commissioned officer, whether 
 civil, military, or naval. 
 
 " Sonin " is the title or rank of an officer appointed by the Council 
 of State, a non-commissioned officer. " llannin" is the title of an 
 officer appointed by the chief of a Department. 
 
PRESIDENT AND OFFICERS. 275 
 
 The Chief Secretary, under the direction of 
 President, supervises the business of the Secretaries 
 and appends his signature to official documents. 
 
 The Secretaries compile the records of debates, make 
 drafts of other documents, and manage business generally. 
 
 Any extra officials, other than the Secretaries, are 
 appointed by the Chief Secretary. 
 
 The expenses of both Houses are defrayed out of the 
 national treasury. 
 
 The Presidents of both Houses each receive an Annual 
 
 allowances. 
 
 annual allowance of four thousand yen* and the Vice- 
 Presidents, that of two thousand yen each ; while such 
 members of the House of Peers as have been elected 
 thereto, and such as have been nominated thereto by 
 the Emperor, and Members of the House of Repre- 
 sentatives, each receive an annual allowance of eight 
 hundred yen. They also receive travelling expenses in 
 accordance with regulations specially provided. Members, 
 however, who do not comply with the summons of con- 
 vocation, receive no annual allowance. 
 
 The Presidents, Vice-Presidents, and members are 
 not allowed to decline their respective annual allowances. 
 
 Members, who are in the service of the Government, 
 receive no such annual allowances. 
 
 In the case mentioned in Article 25, f the 
 members concerned receive, in addition to the annual 
 allowance mentioned in the first clause of the present 
 Article, an allowance of not more than five yen per diem, 
 in accordance with the schedule determined by i;he 
 respective Houses. 
 
 * The yen, or dollar, of 100 sens, nominal value, 4 shillings ; actual 
 value, about 3 shillings and fourpence. 
 
 f The sitting of a committee during the Parliamentary recess. 
 
 T 2 
 
276 PEESIDENT AND OFFICEKS. 
 
 NETHEKLANDS. 
 
 President. The duties of tlie President of each House consist 
 
 chiefly in conducting the proceedings of the Chamber, 
 in maintaining order during the debates, and in taking 
 care that the rules of the House are observed. 
 
 Grantsneave He grants permission to members to speak, puts the 
 questions to the vote, and announces the result of the 
 division, besides being responsible for the proper execu- 
 tion of the resolutions of the Chamber. The President 
 can address the House during its debate, but only for 
 the purpose of pointing out the position of the question 
 in dispute, or of bringing back the debate into its 
 proper channel, if a member should wander from it. If 
 he desires to take part in the debate, he must leave the 
 chair. During his speech, if it is in the Upper House, 
 the chair is taken by the member present who last 
 held the office of President, or in default of such a 
 person being present, by the senior member in point of 
 age. 
 
 In the Lower House, on an occasion of this kind, one 
 of the two members who, together with the President, 
 were presented to the King, takes his place, or in the 
 absence of both, he is represented by the eldest member. 
 
 vacancy in Should the Presidency become vacant, the House 
 
 the Presi- * 
 
 dency. draws up a new list of three members to be presented to 
 the King. The President appoints all committees, with 
 the exception of those cases in which the rules of the 
 House expressly determine otherwise. 
 
 Duties of the The Recorder of the Chamber is entrusted with the 
 
 Recorder, 
 
 &c - care of the books and with the management of every- 
 
 thing which relates to the household affairs. He is 
 supervised by the President and two members of the 
 House, annually appointed for the purpose. 
 
PRESIDENT AND OFFICERS. 2/V 
 
 Everv year, before the close of the session, an Nether- 
 
 " lands, 
 
 account of the expenditure of the Chamber for the next 
 
 year is presented by the committee for the household 
 affairs,, it is agreed upon by the Chamber with closed 
 doors, and forwarded to the minister concerned. 
 
 PORTUGAL. 
 
 The President is the official representative of the President. 
 Chamber, and in its name delivers the necessary 
 addresses in the public solemnities at which he has to 
 assist, according to custom. 
 
 In addition to these occasional duties he has the 
 entire direction of the daily business of the House, and 
 is responsible for the maintenance of order and the 
 proper observance of the rules. 
 
 It is the duty of the President, at the commence- 
 ment of every sitting, to have the House called over, 
 and to declare the session opened as soon as the legal 
 number is present, or to adjourn it, if, after waiting an 
 hour, a sufficient number of members do not attend. 
 All documents which are sent for the information of the 
 House are forwarded to the President, and by him com- 
 municated to the Chamber on the first opportunity. He 
 has also to receive all bills and motions which require to 
 be printed, and to forward them to the printer. The 
 list in which the names of members who desire to speak 
 are inscribed, previous to the commencement of a debate, 
 is entirely under the President's control ; and it is his 
 duty to see that they are inserted in it, according to the 
 order in which they apply. Should a member transgress Powers in 
 
 Fl caseofdis- 
 
 the rules, or be disorderly, the President calls him to order - 
 order, and, if necessary, after consulting the Chamber, 
 
278 PRESIDENT AND OFFICERS. 
 
 Portugal, silences him for the remainder of the debate. It is the 
 duty of the President to regulate the course of a debate, 
 and at its conclusion to put the question, and to cause 
 the vote to be taken in the prescribed manner. He 
 fixes the order of the day for the next sitting, and 
 adjourns the House at the appointed hour. 
 
 Although the President is expected and required to 
 
 give any explanations which may facilitate the course of 
 a debate, he is not allowed to join in the ordinary dis- 
 cussion, as if he were a private member, without first 
 vacating the chair, which is assumed, for the time being, 
 by the Vice-President. 
 
 Whenever the President is absent, the Vice -President 
 
 takes the chair, and in the absence of both, one of the 
 
 substitutes for the Presidency (two of whom are nomi- 
 
 nated every session) in the order of their nomination. 
 
 J^st It is the duty of the First Secretary to call over the 
 
 Secretary. 
 
 list of names at the beginning of each sitting, and 
 whenever necessary for the taking of a division. He 
 signs all the correspondence which does not require the 
 signature of the President, informs the House of any 
 communication which has been sent to it, and reads all 
 the proposals which have been laid on the table. The 
 official staff is under his control, and he is responsible 
 for the proper performance of its duties. 
 
 second The Second Secretary supplies the place of the first 
 
 in his absence, and draws up the minutes of the pro- 
 ceedings and reads them to the House. 
 
 vice-secre- The Vice- Secretaries officiate for the Secretaries 
 
 taries. 
 
 when necessary ; at other times they act as scrutineers 
 during a ballot, and as introducers of the members when 
 the oath is administered; their places are supplied by 
 other members, selected for the purpose, when occasion 
 requires. 
 
PRESIDENT AND OFFICERS. 279 
 
 SPAIN. 
 In the Spanish Cortes the President and Vice- Permanent 
 
 Bureau, 
 
 President of the Senate are nominated by the King, 
 the four Secretaries being elected by the House, whilst 
 all the members of the bureau of the Congress of 
 Deputies, which consists of a President, four Vice- 
 Presidents and four Secretaries, are elected by 
 ballot. 
 
 The elections of members of the Permanent Bureau Mode of 
 
 election. 
 
 are conducted in the same manner as has been described 
 in the case of the temporary bureau, with the exception 
 that if no President is elected on the first vote, another 
 vote is taken among those who have obtained the 
 highest number of votes; if an absolute majority is 
 still unattained the voting must be repeated. 
 
 In both Houses the President opens and closes the President, 
 sittings and, after consulting the House, fixes the days 
 on which no sitting shall be held. He is responsible 
 for the proper maintenance of order and directs the 
 debates of the House, granting the right of speaking 
 to each senator or deputy, according to the order in 
 which he applies. He also determines the questions 
 which are to be discussed and voted upon, and signs the 
 Acts of Congress and the bills and addresses which are 
 forwarded to the Government and to the Senate (or 
 Congress), and announces, at the end of each sitting, 
 the business which is to be discussed at the next. 
 
 The President can call to order any member who ex- cans mem- 
 
 . bera to order. 
 
 ceeds the bounds of propriety, or who is evidently 
 wandering beyond the question. 
 
 If the President wishes' to take part in a debate he 
 leaves the chair, which he cannot occupy again until the 
 question under discussion has been voted upon. 
 
 iB 
 
 . THE 
 
 UNIVEKSITY 
 
280 PRESIDENT AND OFFICERS. 
 
 Spain. In the case of any disturbance arising, the President 
 
 caseoFdte- has the power of taking such steps as he may think 
 necessary for quelling it. 
 
 The President also directs that the order of the day 
 shall be posted beforehand in the hall of the assembly, 
 and that the Government shall be informed thereof, 
 vice-presi- The Vice-Presidents exercise, when required, the 
 
 dents. 
 
 same functions as the President. 
 
 secretaries. The Secretaries of the Congress draw up the minutes 
 of the proceedings, which ought to include a clear and 
 short account of everything discussed and resolved upon 
 in the House, and must be submitted to the House for 
 its approval at the next sitting. The minutes of the 
 private sittings are drawn up in a separate book. Both 
 kinds must be signed by two secretaries, as well as all 
 the documents and communications which come from 
 the secretary's office. 
 
 The Secretaries are required to render an account of 
 all communications and papers (expedientes) that may be 
 forwarded to the House, and of all subjects that may be 
 discussed therein, the resolutions adopted being signed 
 and marked (rubricadas) by them. It is also their duty 
 to announce and publish the result of the voting in the 
 House. 
 
 Two Secretaries will receive and accompany the 
 members who present themselves at the House, after its 
 constitution, in order to take the oath. 
 
 The secretary's office and the archives of the House 
 are under the charge of the Secretaries, and all persons 
 employed in its service are under their control. 
 
 Since the rules of the two Houses are very similar, 
 and the functions of the different officials are almost 
 identical, it would be mere repetition to describe the 
 duties of the officials of the Senate. 
 
PRESIDENT AND OFFIi 281 
 
 SWEDEN. 
 It is the duty of the Presidents and Vice-Presidents. Meetings of 
 
 Presidents, 
 
 together with those members from each Chamber, who &c - 
 are chosen either for the whole Riksdag or for a fixed 
 period, to meet together when summoned by the 
 Presidents, as often as one of them deems it advis- 
 able, in order to consult with regard to such matters 
 as fchey may think worthy of being submitted to the 
 Chambers. 
 
 There are also present at these meetings, the chair- 
 men of the different committees and those members who 
 have the direction of the chancellery of the Kiksdag, if 
 they are wanted for the purpose of giving information. 
 
 At one of these meetings a proposal is always made 
 with regard to the salaries of the officers and servants 
 of the chambers and committees, as well as of the 
 chancellery, which is handed over to the finance com- 
 mittee to report upon. 
 
 Each President in his own chamber maintains order, Duties of 
 
 President. 
 
 calls on members to speak, puts the questions and 
 announces the result of the divisions. It is his duty to 
 inform the members when sittings are to be held, to read 
 the matters laid before them, and to take down, arrange 
 and state the opinions that have been expressed. He is 
 also expected to make proposals as to the framing of 
 resolutions, taking care that nothing shall be proposed 
 which is contrary to the constitutional law. But whoever 
 exercises the functions of President is prohibited from 
 taking part in the debate or the voting, nor can he make 
 any other proposals than those authorised by the constitu- 
 tional law, by resolutions of the Riksdag or the Houses 
 separately, or by the regulations which may be agreed 
 upon as to the proceedings on parliamentary matters. He 
 
282 
 
 PRESIDENT AND OFFICERS, 
 
 Sweden. 
 
 Cases of dis- 
 order. 
 
 Leave of 
 absence to 
 members. 
 
 Duties of 
 Secretary. 
 
 also issues the necessary regulations for the preservation 
 of order in the galleries. 
 
 Should any disorder arise, the President, or if no 
 President has been appointed, the chairman shall order 
 the removal of all strangers, and if any offence is com- 
 mitted against the laws particularly passed on the 
 subject, the name of the offender is forwarded by the 
 President to the Attorney- general for prosecution. 
 
 The President may grant leave of absence to members 
 for a maximum period of eight days, but if a longer time 
 is required, application must be made to the House 
 itself. 
 
 The President has no right to close any sitting 
 .without the consent of the House. 
 
 The Secretaries are answerable for the care of all 
 documents which are forwarded to the Chambers ; they 
 prepare the resolutions and supervise all the work which 
 is done in the Chamber, where a journal is kept of all 
 motions which have been brought forward in the House. 
 
 NORWAY. 
 
 Election of 
 President 
 and Secre- 
 taries. 
 
 Duration of 
 office. 
 
 When the election of a President and Secretary 
 takes place, a Vice-President and Vice- Secretary are 
 also elected. No one may be President or Secretary 
 at the same time in more than one division, and the 
 President of one division cannot be Secretary in either 
 of the divisions of the Storthing ; on the other hand, 
 the Vice-President and Vice- Secretary in a division may 
 be elected President and Secretary in the other division, 
 if they are not acting in the place of the actual Presidents 
 or Secretaries at the time when the election takes place. 
 
 The President and Secretaries hold office for four 
 
PEESIDEXT AXD OFFICERS. 283 
 
 weeks, after which a new election at once takes place. Norway. 
 The retiring officer may be again elected, but is not 
 bound to accept such new election until after the lapse 
 of a time as long as that during which he last served in 
 the same Storthing. When anyone entitled to refuse 
 to serve declines to be re-elected, a new election takes 
 place at once. 
 
 It is the duty of the Presidents to lay before their Their duties, 
 divisions every matter of which they ought to be in- 
 formed,, to take care that nothing contrary to the spirit 
 of the constitution is entertained, and to see that the 
 rules and regulations for the conduct of business are 
 carefully observed. In fixing the order of the day, they Order of the 
 are to make such arrangements as will prevent, as far 
 as possible, the business in one division from interfering 
 in any way with that in the other. 
 
 They are required in the first week after the expira- 
 tion of the time for receiving proposals, to meet the 
 various standing committees, with the view of settling 
 with them what measures are of importance and what 
 may be postponed, and in the event of an equal division 
 of opinion the President of the Storthing has the casting 
 vote. 
 
 They regulate the order of debate and put all ques- can to order, 
 tions to the vote. Every speaker must address himself 
 to the President, and if he has been cautioned three 
 times for deviating from the order prescribed, the Presi- 
 dent may propose that he be silenced for the remainder 
 of the sitting. 
 
 They are to provide for the maintenance of order in 
 the galleries, but they are to see that admission thereto 
 shall be as free as is consistent with this order. 
 
 Resolutions for laws sent to the King for his 
 approval are signed by the President and countersigned 
 
284 PRESIDENT AND OFFICERS. 
 
 Norway, by the Secretary , as well as any other which may be 
 transmitted by order of the House. At the end of each 
 day the register of the proceedings is signed by the 
 President and Secretary. 
 
 Duties of the The Secretaries, with the assistance of the Vice- 
 secretaries. 
 
 Secretaries, keep the record, each in his own division, 
 taking care that the proceedings are in accordance with 
 the regulations for business. 
 
 After a new election the Storthing appoints a keeper 
 of the archives and an assistant secretary in the office of 
 the Parliament. 
 
 SWITZERLAND. 
 Permanent The bureau of the National Council is composed of 
 
 I3UF6IU. 
 
 the President, and four scrutineers, who, together with 
 a Vice-President are chosen by " scrutin de liste " for 
 every session, whether ordinary or extraordinary. 
 President A member who has been President during" an 
 
 cannot be re- 
 elected, ordinary session cannot serve in the same capacity, or 
 
 as Vice-President, in the following session, nor can the 
 same member be Vice-President for two consecutive 
 sessions. 
 
 ms duties. The President is responsible for the strict execution 
 of the rules, and for seeing that order and decency are 
 preserved in the assembly. He opens all letters ad- 
 dressed to the Council and informs it of their contents 
 during the sitting or, at the latest, at the first sitting 
 after they have been received. 
 
 Fixes order Subject to modifications which may be introduced by 
 the House, the order in which the business is to be 
 transacted is fixed by the President, and at the end of 
 each sitting he announces the order of the day for the 
 next meeting, and causes it to be posted up in the hall. 
 
PRESIDENT AND OFFICERS. 285 
 
 During a debate the President grants the right of Switzer- 
 speaking to any member who wishes to speak, and re- Grants leave 
 calls the speaker, if necessary, to the question. 
 
 The Vice-President fulfils the duties of the chair in vice-presi- 
 dent. 
 
 the absence of the President. 
 
 After each vote the scrutineers announce the result ; scrutineers, 
 if they are in any doubt, and the President, or a member 
 desires it, the votes must be counted. 
 
 The office of the Federal Chancellor is charged with secretary. 
 the performance of the duties of secretaries to the 
 National Council, and the minutes of the proceedings 
 are drawn up by the Chancellor or his deputy. There is 
 a special minute for each sitting, even though there may 
 have been several sittings on the same day. 
 
 The bureau of the Conseil des Etats is formed in the conseii des 
 
 Etats. 
 
 same manner as that of the National Council, with the 
 difference that the former has two scrutineers instead of 
 four. 
 
 Neither the President nor the Vice-President can be 
 elected from among the deputies of the same canton 
 from which the President of the preceding session was 
 chosen; nor can deputies of the same canton fill the 
 office of Vice-President during two successive ordinary 
 sessions. 
 
 In all other points the practice of one bureau so 
 exactly resembles that of the other, that it becomes 
 unnecessary to proceed further with the subject. 
 
 UNITED STATES OF AMERICA. 
 
 The Speaker of the House of Representatives, or in President of 
 the Senate the Vice-President of the United States, House of 
 
 P.epresenta- 
 
 takes the chair at every meeting of the House, and after tives> 
 
286 PRESIDENT AND OFFICERS. 
 
 United having called the members to order, on the appearance 
 of a quorum, causes the journal of the last clay's pro- 
 ceedings to be read, it having been previously examined 
 and approved by him. He preserves order and decorum, 
 and in cases of disturbance or disorderly conduct in the 
 galleries, or in the lobby, may cause them to be cleared. 
 He has the general control, except as provided by rule 
 or law, of the hall of the House and of the corridors and 
 passages, and the disposal of the unappropriated rooms 
 in the part of the Capitol assigned to the use of the 
 House. All acts, addresses, joint resolutions, writs, 
 warrants and subpoenas of, or issued by the order of, the 
 House, are signed by him, and he decides all questions 
 of order, subject to an appeal by any member, on which 
 appeal no member shall speak more than once, except 
 by permission of the House. 
 
 The Speaker rises to put the question, but may state 
 it sitting, and puts questions in this form, " As many as 
 are in favour (as the question may be) say ' Ay ' - y " and 
 after the affirmative voice is expressed, " As many as are 
 opposed say ' No/ J If he doubts, or a division is called 
 for, the House divides ; those who vote for the affirma- 
 tive of the question first rise from their seats, and then 
 those who vote for the negative ; if he still doubts, or a 
 count is required by at least one-fifth of a quorum, he 
 names one from each side of the question, to tell the 
 members in the affirmative and negative, which being 
 reported, he rises and states the decision. 
 
 He is not required to vote in the ordinary legislative 
 proceedings, except where his vote would be decisive, or 
 when the House is engaged in voting by ballot, and then 
 in all cases of a tie vote the question is lost. But in the 
 Senate, when the votes are equal, the Presiding Officer 
 may, by his vote, determine the question. 
 
PRESIDENT AND OFFICERS. 287 
 
 The Speaker, although similar in name to the Speaker United 
 in the House of Commons, differs from him in many 
 ways. Yfhilst the latter is never a partisan, the former 
 is never anything else, and is expected to give his advice 
 to his party whenever required. 
 
 A great deal of his power is derived from the fact 
 that he nominates all the committees, and, therefore, as 
 every Bill is sent to a committee, indirectly controls 
 legislation to a great extent. Although he may not alter 
 the rules to suit his purpose, in all doubtful points he is 
 expected to give his decision in favour of his party, and 
 does so, without incurring any accusation of unfairness. 
 
 The Speaker may name a deputy to act during the Deputy 
 remainder of the sitting ; but in case of illness such an 
 appointment may be made, with the approval of the 
 House, for a period not exceeding 10 days, and in the ab- 
 sence of the Speaker, and his omission to appoint a 
 deputy, the House will proceed to elect a temporary 
 Speaker to act during his absence. 
 
 In the Senate, in the absence of the Vice-President . Absence of 
 
 ' Vice-Presi- 
 
 the Senate chooses a President pro tempore* and pend- dent - 
 ing the election of a President pro tempore, the Secre- 
 tary of the Senate, or, in his absence, the Chief Clerk, 
 performs the duties of the chair. The President pro 
 tempore has the right to name in open Senate, or, if 
 absent, in writing, a senator to perform the duties of the 
 
 * The tenure of office of a President pro tempore is distinctly 
 defined by the folio-wing resolutions adopted by the Senate, January 
 10 and 12, 1876. 1. Resolved : That the tenure of the President pro 
 tempore does not expire at the meeting of Congress after the first 
 recess, the Yice-President not having appeared to take the chair. 2. 
 Resolved : That the death of the Vice-President does not have the effect 
 to vacate the office of President pro tempore. 3. Resolved : That the 
 office of President pro tempore is held at the pleasure of the Senate. 
 (Sen. Journ., 1st Sess., 44th Cong., 1875-76.) 
 
288 PRESIDENT AND OFFICERS. 
 
 United chair; but such substitution cannot extend beyond an 
 States, J 
 
 adjournment, except by unanimous consent. 
 
 officers" f ^ e following officers of the House of Representatives 
 are elected by a viva voce vote, at the commencement 
 of each Congress, and continue in office until their 
 successors are chosen and qualified : a clerk, serjeant- 
 at-arms, doorkeeper, postmaster, and chaplain, each of 
 whom must take an oath to support the constitution of 
 the United States, and for the true and faithful discharge 
 of the duties of his office, to the best of his knowledge 
 and ability, and to keep the secrets of the House ; and 
 each shall appoint all persons employed in his depart- 
 ment as provided for by law. 
 
 The cierk. At the commencement of the first session of each 
 Congress, the clerk calls the members to order, proceeds 
 to call the roll of members by States in alphabetical 
 order, and pending the election of a Speaker, or a tem- 
 porary Speaker, preserves order and decorum, and 
 decides all questions of order, subject to appeal by any 
 member. 
 
 At the commencement of every regular session of 
 Congress, he is required to send to every member a list 
 of the reports which it is the duty of any officer or 
 department to make to Congress. He has also to make a 
 weekly statement as to the progress of the resolutions 
 and bills on the Speaker's table. 
 
 He is also required to note all questions of order, to 
 superintend the printing and circulation of the journal 
 to the members, and to deliver any other documents 
 which may be printed by order of the House. 
 
 The clerk also attests and fixes the seal of the House 
 to all writs, warrants and subpoenas issued by its order, 
 and certifies to the passage of all bills and joint resolu- 
 tions. He makes or approves all contracts, bargains, or 
 
PRESIDENT AND OFFICERS. 289 
 
 agreements relative to supplying any matter or thing, or 
 for the performance of any labour in pursuance of the 
 order of the House, and is required to keep an account 
 of the disbursements out of the contingent fund of 
 the House, and to keep the stationery accounts of 
 members and delegates, and pay them as provided by 
 law. 
 
 It is the duty of the serjeant-at-arms to attend the serjeant-at- 
 House during its sittings, to maintain order under the 
 direction of the Speaker, and, pending the election of a 
 Speaker or temporary Speaker, under the direction of 
 the clerk. He is also required to execute the commands 
 of the House, and all processes issued by its authority 
 directed to him by the Speaker, keep the accounts for 
 the pay and mileage of members and delegates, and pay 
 them as provided by law. 
 
 The symbol of his office is the mace,* which is borne 
 by him while enforcing order on the floor. He is 
 required to give a bond to the United States, with 
 proper securities, in the sum of 50,000 dollars, for the 
 faithful disbursement of all moneys entrusted to him by 
 virtue of his office, and the proper discharge of the 
 duties thereof, and no member of Congress shall be 
 approved as such surety. 
 
 It is the duty of the doorkeeper to enforce strictly Doorkeeper. 
 the rules relating to the privileges of the hall, and he is 
 
 * The original mace, made in 1789, and destroyed at the burning of 
 the Capitol in 1814, represented the Roman fasces made of ebony sticks, 
 bound tranversely with a thin silver band terminating in a double tie 
 near the top. A stem of silver, f of an inch in diameter, and 2 inches 
 long from the centre of the fasces supported a globe of silver about 21 
 inches in diameter, upon which was an eagle, her claws grasping the 
 globe, and just in the act of flight; the entire height was about 3 feet. 
 The present one was made in 1841. " Rules of House of Representa- 
 tives," by H. Smith, page 291. 
 
 D 
 
290 PRESIDENT AND OFFICERS. 
 
 United responsible to the House for the official conduct of his 
 States. . r _. 
 
 subordinates. 
 
 At the commencement and close of each session, he 
 is required to present an inventory of all furniture, &c., 
 in the several committee rooms under his charge, to the 
 committee on accounts, which determines the amount of 
 his liability for any missing articles. 
 
 He must allow no person to enter the room over the 
 hall of the House during its sittings, and, 15 minutes 
 before the hour of the meeting of the House each day, 
 he must see that the floor is cleared of all persons 
 except those privileged to remain, and kept so until 
 10 minutes after adjournment. 
 
 The Post- The postmaster superintends the post office kept in 
 
 the Capitol for the accommodation of representatives, 
 delegates, and officers of the House, and is held respon- 
 sible for the prompt and safe delivery of the letters and 
 papers. 
 
 The chap- The chaplain attends at the commencement of each 
 
 day's sitting of the House, and opens the same with 
 prayer. 
 
 officers, &c., In the Senate, the duties of Speaker and clerk are 
 
 Senate. performed respectively by the Vice-President of the 
 United States and the Secretary of the Senate, the 
 other principal officers being the chief clerk, the princi- 
 pal legislative clerk, the executive clerk, the minute and 
 journal clerk, the serjeant-at-arms, and the doorkeepers. 
 
BILLS AND MOTIONS. 291 
 
 CHAPTER IV. 
 
 BILLS AND MOTIONS, 
 
 AUSTRIA-HUNGARY.* 
 
 Government bills (Vorlaqen] and motions (Antraye) Government 
 
 bills and 
 
 can be introduced into either House, with the exception motions. 
 of money bills and the recruiting bill, which must 
 originate in the Lower House. Government bills have 
 also precedence of all other orders of the day, unless 
 the latter have already become the subjects of debate. 
 
 Bills and motions emanating from the Government, 
 or which have been sent down from the Upper House, 
 or vice- versa, do not require to be seconded, and cannot 
 be rejected without previous debate. Where measures 
 of this kind have been amended by a committee to 
 which they were referred, a vote of the House must 
 still be taken on the bill or motion in its original form, 
 even after the amendments of the committee have been 
 rejected. The Government can at any time modify or 
 withdraw their bills, &c., but no member can take them 
 up again, except by bringing in an independent motion 
 for that purpose. 
 
 * The procedure in the Delegations, being similar to that in the 
 Eeichsrath, requires no special notice. 
 
 u 2 
 
292 BILLS AND MOTIONS. 
 
 Austria- Every member has a right to bring in an independent 
 
 independent Hiotion, but a motion must begin with the words " May 
 
 motions. ^ p] eage k e Hl us trious House to resolve," and must 
 
 contain the words of the resolution to be taken in 
 
 accordance with the motion. 
 
 A motion must be presented to the President in 
 writing, and be signed by the mover and his seconders, 
 who, including the mover, must number at least 20 in 
 the Lower and 10 in the Upper House. To this motion 
 must be added another, in which the mover explains the 
 manner in which he proposes that the previous delibera- 
 tion on his motion should take place. If the motion is 
 insufficiently seconded it is laid aside. 
 committees Committees have also the right of moving for bills. 
 
 may intro- 
 
 duce bills. & c ^ which relate to the question referred to them. The 
 House resolves whether such a motion should be followed 
 immediately by its second reading, or whether it should 
 be referred back to the same or any other committee. 
 
 Every motion duly seconded, after it has been printed 
 and circulated, is placed among the orders of the day, 
 
 Motions may for a first reading. Before a vote has been taken on the 
 manner of its previous deliberation, any motion can be 
 withdrawn, unless it is taken up by any other member. 
 
 Bms^sub- All bills, as a general rule (except in special cases, 
 
 three read- w hen the Standing Orders are suspended), are subjected 
 to three readings. 
 
 First When a bill is down for the first time among the 
 
 reading. 
 
 orders of the day for its first reading, the mover is entitled 
 
 to open the debate, and to explain its general principles. 
 
 At this stage no motions are admissible except those 
 
 which relate to the question whether the bill shall be 
 
 referred to a committee, and if the decision is in the 
 
 negative, the bill is considered to be lost. 
 
 Government Bills and motions of the Government and of the 
 
 bills, <fec., 
 
BILLS AND MOTIONS. 293 
 
 Upper House are referred to a committee, formed by the Austria- 
 
 H tin fir &rv 
 
 nine sections into which the House is divided, if the referred to a 
 House does not pass a resolution to the contrary, or if c< 
 no permanent committee exists on the subject. 
 
 A bill is not usually put down for its second reading Second 
 
 reading. 
 
 until at least 24 hours, or in the Upper House two days, 
 after the circulation of the report of the committee. 
 The general debate is opened by the reporter of the General 
 committee, i.e.. the member who prepared the report, opened by 
 
 reporter. 
 
 and at its close a vote is taken on the question whether 
 the House will enter on the debate on the bill then 
 before it, and whether it will accept this bill as a basis 
 for the special debate. If, however, a motion is pro- 
 posed, with or without reasons, for passing to the order 
 of the day, such a motion must first be put to the vote. 
 The bill is considered as lost on a resolution of the 
 House not to enter on the debate. 
 
 During the general debate motions can be made for Motions for 
 its adjournment, or for referring the bill back to the ment > &c - 
 committee. If the motions are sufficiently seconded, the 
 vote is taken on them at the close of the debate. After 
 another report has been presented, the second reading is 
 again inserted in the list of orders of the day. 
 
 The general debate is followed immediately by the special 
 
 debate on 
 
 special debate in which the different clauses of the bill clauses. 
 are considered and voted upon. Any member is at 
 liberty to propose amendments, but in order to ensure 
 their consideration they must be seconded by at least 20 
 members. Each of these amendments may be referred 
 to the committee, and the debate can be suspended until 
 a report has been received upon them. 
 
 Motions for the rejection of the bill are not admis- Motions for 
 
 rejection in- 
 
 sible, but the House can at any time resolve to adjourn admissible, 
 the debate, or pass to the order of the day. 
 
294 
 
 BILLS AND MOTIONS. 
 
 Austria- 
 Hungary. 
 
 Re-opening 
 of debate. 
 
 Third 
 reading, 
 
 Imperial 
 
 assent. 
 
 Joint com- 
 mittee. 
 
 Motions not 
 in the nature 
 of bills. 
 
 Members who wish to propose amendments after the 
 close of the debate has been agreed to, can place them 
 at once in the hands of the President, who reads them 
 and puts the question as to who will second them. If 
 an amendment is seconded, the House decides, with- 
 out debate, whether the debate shall be re-opened to 
 discuss it. 
 
 After the close of the debate, only the chosen 
 speakers, the reporters, and if no previous deliberation 
 has taken place, the movers, are allowed to address the 
 House. 
 
 If a member of the Government rises to speak, the 
 debate is considered as being re-opened. Permission to 
 speak can also be granted to any member who wishes to 
 make an explanation. 
 
 After a bill has passed the second reading, the third 
 reading is usually taken at the next sitting. At this 
 stage a vote is taken on the whole bill, without debate, 
 and none but verbal amendments or necessary correc- 
 tions are permitted. When a bill has passed one House 
 it is sent to the other, when, if it is passed without 
 amendment, it is forwarded to the ministry for the 
 Emperor's sanction. If, however, it is amended, it is 
 returned to the House from which it came, and in the 
 event of the two Houses being unable to agree, a joint 
 committee is appointed. 
 
 The President decides, with the consent of the 
 House, how motions which are not of the nature of bills 
 are to be treated. With regard to motions which have 
 for their object the formation of a committee for pre- 
 vious deliberation on a bill, an immediate resolution can 
 be taken at the first reading without previous debate. 
 Motions also which relate to the business of the House 
 can be put to the vote at once, without having been 
 
BILLS AND MOTIONS. 295 
 
 presented in writing. No bill or motion which has been Austria- 
 rejected, with the exception of those relating to the rules Rejected 
 of the House, can be set down among the orders of the motions! 
 day again during the same session, except in particular 
 instances when a motion for a joint conference between 
 the Houses has been agreed to. 
 
 HUNGARY. 
 Every member of the Hungarian Parliament has the Bins and 
 
 motions. 
 
 right to present bills and motions to the House, which, 
 with a short explanation of their object, must be entered 
 by him in the motion book which is placed on the table 
 of the House. 
 
 Government, private and public bills are not dis- 
 tinguished in Hungary by those names. 
 
 The only distinction between a bill and a motion is, Difference 
 
 . . , between a 
 
 that the House can resolve upon a motion without t>m and a 
 
 motion. 
 
 referring it previously to the sections and committees, 
 whereas a bill must be sent to a committee before the 
 House resolves upon it. 
 
 The distinction between a bill proposed by the Difference 
 
 J between 
 
 Government and one proposed by a member is, that the 
 former must in all cases be sent to the committees, 
 whereas, in the case of the latter, the House, without bllls> 
 sending it to a committee, can decide not to enter into 
 any discussion upon it whatever. 
 
 Should the House decide to discuss the bill, it (not 
 being a motion) must be referred to a committee in the 
 ordinary course. 
 
 Bills are prepared by the Standing Committees and standing 
 
 * Committees. 
 
 then by the section and Central Committee of the House. 
 There is no machinery for revising amendments, and 
 
296 BILLS AND MOTIONS. 
 
 Hungary, no difference in the mode of introducing public and 
 private bills. 
 
 The House of Magnates never uses its righb of 
 initiative. 
 
 A bill once dropped cannot be taken up again during 
 the same session. 
 Motions not Anv motion which is not of the nature of a law, after 
 
 in the nature 
 
 of a law. having been printed, is explained by its mover on the 
 
 day appointed for taking it up, and the House, without 
 
 debate as to its merits, decides whether it is to be taken 
 
 into consideration or not. Motions which have not for 
 
 their object the making or alteration of a law, can be 
 
 considered immediately, without being referred to the 
 
 Proposed sections or to a committee. If, however, a motion aims 
 
 the law at the alteration of the law it must be handed over at 
 
 referred to a 
 
 committee, the time of the announcement, and be drawn up in the 
 form of a bill. It is then printed and circulated among 
 the members, and if the House decides on taking it into 
 consideration it must be referred in every case to the 
 sections or a special committee. 
 
 order of After the report of the committee has been received. 
 
 debate. 
 
 the discussion 011 the principle of the proposed measure 
 is first taken, and after that the debate on the clauses. 
 
 There is no essential difference between the rules of 
 the two Hungarian- Chambers."* Neither the laws nor 
 the rules of either of them contain any provision for the 
 case of a disagreement between the Houses respecting 
 the amendments to a bill. 
 
 A bill having been agreed to in one House, is for- 
 warded to the other, and if it passes the latter, is pre- 
 sented to the Emperor-King for his assent. 
 
 * I have been unable to obtain a copy of the rules of the House of 
 Magnates, and am indebted to Mr. Vice-Consul Briill for this information. 
 
BILLS AND MOTIONS. 297 
 
 Previously to the 1st January, 1882, the promulgation Hungary, 
 of a law took place in the presence of the two Chambers 
 of the Hungarian Parliament, but, by a law of the 27th 
 December, 1881, it was enacted that every law which 
 has received the royal assent is to be published by being 
 inserted in the " Bulletin des Lois," with the date of the 
 royal assent, and in the case of laws relating to interna- 
 tional treaties with the date and place of ratification. 
 
 When the date on which a law is to come into force 
 has not been determined upon in the Act itself, or has 
 not been confided to the ministry, it is to become obliga- 
 tory on the 15th day after its publication in the Gazette. 
 
 Official translations are also to be published in the 
 other languages spoken in the counties belonging to the 
 Crown of Hungary. The text of a law so published is 
 to be considered authoritative. 
 
 BELGIUM. 
 Proposals of Law (Propositions de Lois*) addressed to Proposals 
 
 rn3.dc by 
 
 the Chamber by the King and the Senate, after they have King or, 
 been read in the Chamber, are printed and distributed 
 either to the sections or to a committee, to be considered 
 by them. 
 
 Whether a bill should go to the sections or a com- 
 mittee is decided by the Chamber on the motion of the 
 President.f 
 
 The discussion cannot be opened in the sections until Proposals 
 
 made by 
 
 private 
 
 members. 
 
 * " Propositions de Lois," which are here translated as " Proposals 
 " of Law," would seem to include " Projets de Lois," which are here- 
 after translated as " Bills," though the latter term in the French rules 
 seems to signify only Government Bills, the former being used when 
 speaking of Bills introduced by the members of either House. 
 
 t Adopted 14th June, 1889. 
 
298 BILLS AND MOTIONS. 
 
 Belgium, at least three days have elapsed after the distribution of 
 the proposals, except in the case of urgency. 
 
 Any member has the right of making proposals, and 
 of presenting amendments, but no motion or amendment 
 can be signed by more than six members. 
 
 Each member who wishes to make a proposal signs 
 and lays it on the table, in order that it may be commu- 
 nicated immediately to the sections ; and if one section, 
 at least, is of opinion that the proposal ought to be pro* 
 ceeded with, it will be read at the next sitting. The 
 Chairman of each section transmits the opinion of his 
 section to the President of the Chamber. 
 
 A ro^os r ai ofa After the proposal has been read in the order in 
 
 fo* e itscon d - ay which it has been deposited, its author names the day on 
 deration, ^j^ ^ e wishes to be heard, and, on the day fixed by 
 the Chamber, he explains his reasons for making the 
 motion. If the proposal is supported by four members 
 at least, the discussion is opened, and the President 
 consults the Chamber as to whether it will take the 
 matter into consideration or adjourn it, or declare that 
 there is no ground for further deliberation. 
 
 Should the Chamber resolve to consider the proposal, 
 it is sent back to a committee, or to each of the sections, 
 who discuss and report upon it. 
 
 Procedure if The discussion which follows the report of the 
 
 the proposal 
 
 is considered, central section, or of the committee, is divided into two 
 debates, one on the general question, the other on the 
 clauses. In addition to these two debates, the Chamber 
 has power to order a discussion on the whole of each of 
 the divisions of a proposal. The clauses are considered 
 according to their order, together with the amendments 
 which are applicable to them. 
 
 Amend- The Chamber does not deliberate on any amendment, 
 
 ments. * 
 
 if, after having been explained,, it is not supported by at 
 
BILLS AND MOTIONS. 299 
 
 least five members ; and if the Chamber decides that Belgium, 
 there are grounds for sending all the amendments to the 
 sections or to a committee, it can suspend the debate. 
 
 When the amendments have been adopted, or the vote on the 
 
 whole ques- 
 
 clauses of a bill rejected, the vote on the whole question tiQ n- 
 takes place at a different sitting from that in which the 
 last clauses have been voted, one day at least interven- 
 ing between the two sittings. In the second sitting, the 
 adopted amendment and rejected clauses are debated 
 and submitted to a definitive vote the same course is 
 pursued with new amendments moved on the adoption 
 or rejection. All amendments which are foreign to 
 these two points are forbidden. 
 
 A motion may be withdrawn by its proposer, although withdrawal 
 
 . . of motion. 
 
 the discussion upon it may have been opened; but if 
 another member takes it up, the debate continues. 
 
 Every resolution is passed by an absolute majority of Resolutions, 
 votes (save as is provided by the rule relating to elec- 
 tions and presentations), which are taken by a secret 
 ballot. If the numbers are equal the motion is lost. 
 
 The Chamber cannot pass a resolution unless the Quorum, 
 majority of its members are present. The result of the 
 deliberations of the Chamber is announced by the Presi- 
 dent in the following terms : " The Chamber adopts " 
 or " The Chamber does not adopt." 
 
 Bills which have been partially considered in one considera- 
 tion of bills 
 
 session may be taken up in the following session at the 
 same stage, except after a dissolution.* 
 
 * An unsuccessful attempt was made in 1874, by a committee 
 which sat at Brussels for the purpose of revising the rules of Parlia- 
 ment, to annul the rule by which Bills expire at the dissolution of Par- 
 liament, by proposing that the partial renewal of the Chamber, or its 
 dissolution, should not affect the Bills which had been already laid 
 before it. 
 
300 BILLS AND MOTIONS. 
 
 Belgium. The rules with, regard to motions in the Senate are 
 Senate. 11 * very similar. Each senator has the right to make any 
 proposal, but he is expected, if possible, to present it 
 in the form of a bill, and to sign and place it on the 
 table, when it will be read by one of the Secretaries. If 
 supported by two members, he is permitted to explain it 
 on a day appointed by the Senate ; but the motion must 
 have the support of at least four members, in order that 
 the discussion may be opened on the question whether 
 the Senate takes it into consideration. 
 Disagree- j n cases where one House refuses to accept the 
 
 ment * 
 
 Houses? the amendments of the other, and neither is willing to give 
 way, a joint committee is usually formed to effect a 
 settlement, if possible. 
 
 Royal assent. Bills, after they have passed both Houses, must 
 receive the royal assent before they become law. 
 
 DENMARK. 
 
 onb c n? s ure In botl1 Chambers of the Danish Eigsdag all bills, 
 
 whether sent from the Upper or Lower House, or pre- 
 sented by the Government or a private member, must be 
 formally moved, and be printed and circulated two days 
 before they are read the first time. 
 
 All bills must be read three times in each House 
 before they are passed. 
 
 First read- At the first reading a bill is considered as a whole, 
 and at this stage no one, except the Secretaries of State, 
 the reporter of the committee, and, in the case of private 
 bills, the mover of the bill, is allowed to speak more 
 than twice without the consent of the House. In the 
 Upper House amendments in the bill may be introduced 
 and discussed shortly. When the discussion is over, the 
 
BILLS AND MOTIONS. 301 
 
 House decides whether the bill is to be put down for the Denmark, 
 second reading. 
 
 At the second reading, which takes place in the second 
 
 reading. 
 
 Upper House after an interval of not less than three 
 days, and in the Lower House of not less than two, the 
 clauses of the bills are considered, together with the 
 amendments proposed by the members of the House or 
 by the minister specially interested. Immediately after 
 the debate on each clause, a division is taken on the 
 amendments moved, and on those paragraphs to which 
 amendments have been moved, or on those as to which 
 a division has been expressly demanded, or is thought 
 advisable by the President. A division is then finally 
 taken as to whether the bill in its amended form shall 
 be ordered to be read a third time. 
 
 At the third reading, which must not take place 
 within three days in the Upper, and two days in the 
 Lower House, after the conclusion of the second reading, 
 amendments as well as amendments to amendments can 
 only be moved by the committee, by the minister 
 interested, or by 8 members together in the Upper, 
 and 15 members in the Lower House. After the 
 amendments have been disposed of, the bill is drawn up 
 in its amended form by one of the Secretaries, and is 
 then read aloud, if required, and a division taken upon 
 the whole as amended. Motions by the Government, as 
 well as proposals from members, can on each stage of 
 the discussion be withdrawn, but they can be immedi- 
 ately taken up by someone else. Any proposal, amend- 
 ment, or question can be rejected on the motion of a 
 member. The motion is to be put before anyone else, 
 except the member making the motion or asking the 
 question, has spoken. The House then decides, without 
 discussion, if the motion is to be rejected ; the proposer, 
 
302 BILLS AND MOTIONS. 
 
 Denmark, however,, or the member asking the question, if he has 
 not spoken before the rejection is moved, may demand 
 leave to explain his proposal or question. 
 
 A motion, supported by reasons, to pass to the next 
 order of the day, may also be put forward during the 
 debate. This motion must be communicated in writing 
 beforehand to the President. 
 
 The bill is then sent by the President of the House 
 in which it originated to the President of the other 
 House, with a request to submit it to the House. 
 
 If the bill is returned with amendments from the 
 latter House it is immediately referred to the committee, 
 if one was originally appointed, for its consideration. 
 
 Two days after the bill has been printed and 
 circulated with the report of the committee, it is dealt 
 with in the way prescribed for the third reading, with 
 the difference that any member has the right to propose 
 amendments. 
 
 If the bill be agreed to by the House in which it 
 originated in the form in which it passed the second 
 House, the President sends it at once to the President of 
 the council, otherwise it is returned as amended to the 
 other House. When a bill has been received a second 
 time by the House, and is agreed to, it is sent to the 
 Privy Council for the King's assent; but if a disagree- 
 ment arises, a joint committee is appointed, and a final 
 decision taken by both Houses upon the report. 
 Motions Motions which are not of the nature of bills must be 
 
 which are 
 
 natun/of drawn up in the form of resolutions, and notice given at 
 a sitting of the House. If the precise method of proce- 
 dure is not laid down in the Standing Orders, the House 
 resolves at another sitting, on the motion of the Presi- 
 dent, as to the manner in which the resolutions are to 
 be dealt with ; but 110 such resolutions can be passed at 
 
BILLS AND MOTIONS. 303 
 
 the same sitting at which the order of procedure is Denmark, 
 decided upon. Proposals for granting consent according 
 to paragraph 57 of the Constitution are referred to the 
 Standing Committee on business. The motion is then 
 submitted to one reading, according to the rule pre- 
 scribed for the second reading of bills. 
 
 Bills which have been partially considered in one 
 session, may be taken up at the same stage in the 
 following one. 
 
 FRANCE. 
 
 Bills (Projets de Loi) presented in the name of the AII Goyem- 
 G-overnment are, with an explanation of their objects, gj^ 10 
 laid on the table of the Chambers by one of the ministers. 
 They are then printed and circulated, and are trans- 
 mitted by the President to the Bureaux, or in certain 
 cases to a committee already existing. 
 
 Both Houses have equal rights as to the introduction 
 and passing of bills, with the exception of those relating 
 to finance, which must always be presented first to the 
 Chamber of Deputies, the Senate having only the 
 power of proposing amendments. 
 
 When a bill for the ratification of a treaty with a BUI for the 
 
 ratification of 
 
 foreign power is laid before the Chamber by the Govern- a ****?- 
 ment, no vote can be taken on the articles of the treaty, 
 nor can any amendment to its text be proposed. If, 
 however, in the course of the two deliberations there is 
 any opposition to any of the clauses of the treaty, it 
 takes the form of a motion for re-committal to the com- 
 mittee, which is printed and circulated at least 24 hours 
 in advance, and if after debate the Chamber takes it 
 into consideration, the re-committal is decided upon. 
 
 At the time of the second deliberation, the committee Report of the 
 
 committee. 
 
304 BILLS AND MOTIONS. 
 
 France. makes a report on the clauses which have been referred 
 to it, and moves the adoption, rejection, or adjournment 
 
 Xuoum? ^ *ke ki^ T ne adjournment is moved in the following 
 terms, " The Chamber calling anew the attention of the 
 Government to such and such a clause (setting out in 
 full the clauses on which the adjournment is founded) 
 
 Declaration suspends the ratification." If urgency has been declared, 
 the committee presents its report on the clauses which 
 have been referred to it, after the close of the debate on 
 the unopposed articles. The rule which provides that 
 rejected bills cannot be re -introduced until after an 
 interval of three months does not apply to treaties. 
 Where a new deliberation on a law is demanded by the 
 President of the Eepublic, a committee nominated by 
 the Bureaux reports on the question. 
 
 Bills pre- Every proposal made by a deputy is to be presented 
 
 de iv uttes * n ^ e ^ orni ^ a bill, with an explanation of its objects. 
 It is then remitted to the President, who, after having 
 informed the Chamber, sends it to the Committee of 
 the Initiative for examination. The author or authors 
 of a proposal have a right to be heard in the committee 
 which is charged with its consideration. 
 
 Keportof After the interval of a fortnight, or in the Senate 20 
 
 Committee 
 
 of initiative, days, the Committee of the Initiative presents its report, 
 in which it decides as to the advisability of taking the 
 motion into consideration, or of its rejection pure and 
 simple, or as to the moving of the previous question. 
 The committee can equally decide as to whether urgency 
 shall be declared. If the motion is taken into considera- 
 tion by the Chamber, it is re -committed to the Bureaux. 
 The author of a proposal can withdraw it, even after the 
 commencement of the discussion ; but if another member 
 takes it up, the debate continues. 
 
 Rejected Proposals which have been rejected by the Chamber 
 
BILLS AND MOTIONS. 305 
 
 cannot be presented again until the expiration of three France, 
 months, if they have been taken into consideration; or 
 until six months afterwards if they have been rejected 
 at the first vote. 
 
 Xo bill, except in cases of urgency, is voted defini- TWO deii- 
 
 J ' m berations 
 
 tively until after two deliberations, at intervals which necessary. 
 cannot be of less than five days each. 
 
 All amendments are reduced to writing and placed in Amend- 
 
 ments to be 
 
 the hands of the President of the Chamber,, who trans- in *s. 
 rnits them to the committee. The Chamber does not 
 deliberate on any amendment, if, after having been 
 explained, it receives no support. Every amendment 
 presented, and not submitted to the vote in the course 
 of the sitting, is printed and circulated before the 
 following sitting; and all amendments proposed in the 
 course of the two deliberations, are remitted as a matter 
 of course to the committee for examination, if the 
 reporter demands it. If the re-committal is not 
 demanded, the amendments presented in the course 
 of the second deliberation are summarily moved from 
 the tribune. The members of the committee can alone 
 reply to the mover of the amendment. 
 
 If the Chamber decides upon taking the amendments 
 into consideration it refers them back to the committee 
 for examination, and the vote cannot be taken on the 
 same day on which they are presented. The authors 
 of the amendments have the right to be heard in the 
 committee, if they demand it. 
 
 After the presentation and distribution of the report, First 
 
 deliberation. 
 
 the Chamber fixes the day for the discussion, the first 
 deliberation being taken on the principle of the bill. 
 AVhen the debate is closed, the President consults the 
 Chamber as to whether it intends to pass to the dis- 
 cussion of the clauses, and, if the Chamber decides in the 
 
 X 
 
306 BILLS AND MOTIONS. 
 
 France, negative, the President declares that the bill is not 
 adopted. In the contrary case, the discussion continues, 
 and is carried on summarily on each clause and its 
 amendments. The Chamber then decides whether it 
 will pass to the second deliberation. 
 
 second At the second deliberation a vote is taken on each 
 
 deliberation. 
 
 clause and its amendments ; and before the definitive 
 vote on the bill, every deputy has the right to present 
 general reasons for its adoption or rejection. 
 Exceptions^ The rules which relate to two deliberations do not 
 
 rules requir- 
 
 ing two apply to the budget, to the laws of accounts, to the laws 
 
 delibera- 
 
 tions. relating to special credits, or to laws of a local and 
 personal nature. For the vote on these laws, a single 
 deliberation is sufficient j but amendments or additional 
 articles presented in the course of this debate, are sub- 
 mitted to the usual formalities. 
 
 Procedure When bills, or proposals of law of a similar nature. 
 
 when the 
 
 same bills have been introduced into both Houses at the same time. 
 
 are simul- 
 
 vote must be taken in the House in which the 
 discussion commenced, before the other House will place 
 such bills or proposals on its order of the day. 
 Transmis- Every proposal of law which has been voted by the 
 
 from one Chamber of Deputies, is transmitted direct by the Presi- 
 
 House to the 
 
 other. dent of the Chamber to the President of the Senate ; 
 whilst every bill which has been passed by the Chamber 
 is forwarded by its President to the minister who pre- 
 sented it.* If, however, after the delay of a month, it 
 appears that the bill has not been forwarded to the 
 Senate by the proper minister, the President of the 
 Chamber of Deputies transmits it himself to the Presi- 
 dent of the Senate. The delay of a month is reduced 
 to three days, if the Chamber, by a special decision, 
 
 * See Note, page ii'J7. 
 
BILLS AND MOTIONS. 307 
 
 has declared the transmission to be a matter of France. 
 
 Proposals of law introduced by senators, and which Examination 
 
 of proposals, 
 
 urgency 
 
 Prop 
 
 have been voted by the Senate and transmitted to the 
 President of the Chamber of Deputies, are examined Senate * 
 according to the rules which are observed in the case of 
 bills presented by the Government. 
 
 In the case where the Senate has declared urgency, 
 the Chamber may be consulted on the question. 
 
 If the Chamber adopts, without amendments, the Procedure 
 
 \ when bills, 
 
 proposals of iVw or the bills which have been voted by & a c s -; e h d a ^ th 
 the Senate, the President of the Chamber of Deputies Houses ' 
 transmits the law to the President of the Eepublic, 
 through the proper minister, who promulgates it in the 
 following month, or in case of urgency, within three days. 
 When a bill voted by the Chamber of Deputies has Joint 
 
 committee. 
 
 been modified by the Senate, the Chamber can decide, 
 on the motion of one of its members, on the appointment 
 of a committee to join with a committee of the Senate in 
 order to come to an agreement. 
 
 If the two committees come to an arrangement, the 
 committee named by the Chamber of Deputies makes a 
 report to the House, and the Chamber takes the altera- 
 tions into consideration. 
 
 If, however, the Chamber of Deputies has refused to Rejection of 
 
 a bill by the 
 
 entertain the proposal for a conference, the bill cannot chamber. 
 be placed again on the order of the day until after two 
 months have elapsed, except on the motion of the 
 Government. The result is the same, when the two 
 committees do not come to an agreement, or if the 
 Chamber persists in its first resolution. 
 
 When proposals of law and bills, which have been Rejection of 
 voted by the Chamber of Deputies, have been rejected senate. 
 by the Senate, they cannot be re-introduced until after 
 
 x 2 
 
308 BILLS AND MOTIONS. 
 
 France. a delay of three months, unless proposed by the Govern- 
 ment, 
 consider*. I n the Chamber of Deputies a bill which has been 
 
 tion of bills 
 
 P ar tially amended in one session of Parliament can be 
 taken up in the following, at the same stage, if Parlia- 
 ment has been prorogued, but not after a dissolution. 
 
 The Senate, however, will proceed with a bill sent 
 up by the Chamber of Deputies, although the Chamber 
 which sent it up has been dissolved, if the committee of 
 the Senate had reported on the bill during the session 
 which preceded the dissolution, but not otherwise. 
 
 When a bill has been finally passed by both Houses, 
 it is sent to the President of the Republic, who is bound 
 to promulgate it as a law within a month, or, in cases of 
 urgency, three days. He may, however, within these 
 limits of time, return the bill to the Houses for a fresh 
 deliberation, which they cannot refuse. 
 
 G-ERHANY. 
 
 printedana ^^ "bills ^ ^ e Federal Council, and motions of 
 
 circulated, members, which have been introduced in due form, are 
 
 forwarded by the President to be printed and circulated. 
 
 First The first debate on a bill does not take place until at 
 
 reading. 
 
 least three days after it has been distributed to members, 
 and is confined to a general discussion of the principles 
 of the measure. No amendments can be moved at this 
 stage, but the House decides whether or not the bill 
 shall be referred to a committee. The general discussion 
 can also be directed towards, and finished with regard to 
 the different clauses of the bill. 
 Second The second reading is not commenced before the 
 
 reading. 
 
 second day after the close of the first reading, and in 
 cases where a committee has been appointed, not before 
 
BILLS AND MOTIONS. 309 
 
 the second day after the printing and circulation of the Germany, 
 resolutions of the committee. Each article is separately 
 discussed and voted upon. The discussion may be ex- 
 tended to several clauses together, or it can be separated 
 with regard to different amendments referring to the 
 same clause. Amendments to single clauses can be pro- 
 posed in the meantime, and in the course of the debate, 
 without being seconded. 
 
 After the close of the second reading, the President Resolutions 
 
 prspflrcd t)Y 
 
 and the Secretaries compile the resolutions of the House, th e President 
 
 ' and Secre- 
 
 in case the bill has been amended by it. This com- taries - 
 pilation, or the original bill, if it is left unamended, 
 forms the basis of the third reading ; but if the original 
 bill was wholly rejected no further discussion takes place. 
 
 Two days must expire before the third reading can Third 
 be taken. Amendments to the different clauses can be 
 proposed in the meantime, or in the course of the 
 debate. These amendments must be supported by 30 
 members at least. 
 
 At the close of the discussion a vote is taken on the 
 adoption or rejection of the bill, unless any amendments 
 have been made, when the final vote is postponed until 
 the President and Secretaries have compiled the resolu- 
 tions. 
 
 The time between the first and second readings can Time 
 be reduced, or they can be taken together, if the House first and 
 
 * second 
 
 so decides upon a division, but the intervals between rowings 
 
 may be 
 
 the other periods cannot be shortened if 15 members shortened - 
 protest against it. 
 
 Motions of the Federal Council are in all cases treated Motions of 
 
 the Federal 
 
 in the same way as bills, unless a shorter course of pro- council, 
 cedure is determined upon. Such a motion may be even 
 considered without having been printed, if neither the 
 mover nor any other member objects. Every motion can 
 
310 BILLS AND MOTIONS. 
 
 Germany, be withdrawn, but there is nothing to prevent its being 
 taken up again by any other member. 
 
 procedure m All motions proposed by members of the Reichstag 
 must be signed by at least 15 members and begin with 
 the words, " May it please the Imperial Parliament." 
 
 In a subsequent sitting, but not earlier than on the 
 third day after the motion has been printed and cir- 
 culated, the mover is allowed to speak in favour of his 
 motion, and if it includes a bill, its first reading takes 
 place at once. Motions which do not include any bill 
 are put to the vote after one debate, amendments re- 
 quiring the support of 30 members. In other respects 
 the rules as to motions and bills are identical. 
 
 iud e et al ^e m tions made when the Budget of the Empire 
 
 is being considered are put to the vote after the 
 termination of the debate as to such motions, unless 
 either they are so intimately connected with an item of 
 the Budget, that it appears advisable to defer the vote 
 until after the consideration of the item, or unless a 
 motion to that effect is made, which has to be seconded 
 by 30 member s.* 
 
 imperial Bills after being passed by the Federal Council 
 
 sanction to 
 
 bills. (Bundesrath) and the Reichstag, must, in order to 
 
 become law, receive the imperial sanction, and be 
 authorised by the Chancellor. 
 
 GREECE. 
 Ems to b Everv bill or motion, introduced bv a deputv or a 
 
 delivered to J J 
 
 minister, must be delivered duly signed to the President; 
 it is then entered in a special book kept for the par- 
 ticular purpose, announced to the House and printed 
 
 * Resolution of the Reichstag, llth March, 1886. 
 
PILLS AND MOTIONS, 311 
 
 and circulated to the members. It is afterwards con- Greece, 
 sidered in the House in its proper turn, unless it is 
 declared to be of an urgent nature and an earlier day is 
 appointed. 
 
 No bill can be passed except after having been Three 
 
 r debates on 
 
 discussed and voted upon clause by clause in three ever y bilL 
 debates at successive intervals of three days. 
 
 The first debate is on the principle of the bill ' if First debate, 
 this is accepted by the House, or even previously, and 
 it is thought expedient, the bill is referred to the com- 
 mittee appointed to deal with the special matter, and a 
 time is fixed within which the committee shall present 
 its report. Should the committee omit to present its 
 report within the time limited, the Chamber will either 
 extend the time or proceed to the second reading 
 without waiting for it. The report of the committee is 
 printed and circulated to each of the members before 
 the day of the debate. 
 
 All amendments must be in writing or be printed Amend- 
 
 r ments, 
 
 and circulated to members in proper time. Should an 
 amendment be proposed during the debate, the Presi- 
 dent will inquire of the House whether it shall be 
 immediately discussed or be printed and circulated 
 to members before it is considered. 
 
 Amendments to amendments are discussed and voted 
 before amendments, and amendments before the original 
 question, and in general that amendment is taken first 
 which is most diametrically opposed to the original 
 question. 
 
 The President decides the order in which the amend- 
 ments are to be taken, and should any objection be 
 raised, the House will immediately decide as to the 
 amendment which shall be taken first. 
 
 After the bill has been taken clause by clause and 
 
312 
 
 BILLS AND MOTIONS, 
 
 Greece. has been passed, the President inserts the various 
 amendments agreed upon. The bill as amended is then 
 printed and circulated previously to the next reading, 
 unless the House agrees to forego the previous distribu- 
 tion. The bill as finally amended is printed and read to 
 the House before the final division. At this stage no 
 further amendment, unless it is of a purely verbal 
 nature, can be made. The President then asks the 
 House whether it desires a fresh debate on the amended 
 bill or if it will immediately proceed to vote upon it. 
 
 The decision of the House is declared by the Presi- 
 dent as follows : " The House accepts the motion " or 
 (C the House rejects the motion." Laws passed by the 
 House are forwarded by the President to the ministers 
 unfinished whose department they concern. Legislative business 
 S con- ur " interrupted by a prorogation can be further considered 
 fouowing m the next session of the same parliament. 
 
 session. 
 
 ITALY. 
 
 In the Lower House of the Italian Parliament, bills 
 presented to the Chamber, either by the ministers in the 
 name of the King, or by transmission from the Senate, 
 or by deputies, the necessary authority having been 
 given according to Articles 109-111,* are distributed as 
 quickly as possible. 
 
 * No bills presented by a deputy can be read in the Chamber unless 
 at least three of the bureaux have authorised it. The authority having 
 been granted, the President ordains the public reading and then the 
 Chamber fixes the day of the debate. On the appointed day, the pro- 
 poser explains the principle of the bill. Only one member can speak 
 against its being taken into consideration. The proposer has the right 
 of reply. The Chamber then decides with regard to taking the matrei 
 into consideration. 
 
BILLS AND MOTIONS, 313 
 
 The distribution having been carried out, notice is Italy. 
 given, on the order of the day, of the next sitting. Should of Mils. 
 the distribution of the government bills not be made 
 within five days of the presentation, this notice must be 
 renewed. 
 
 The government in presenting the bill and the Alternative 
 
 r procedure. 
 
 deputy moving it, after it has been taken into considera- 
 tion, will ask the Chamber whether it will follow the pro- 
 cedure of the three readings or that of the bureaux. 
 
 The Chamber deliberates upon the proposal after 
 having heard one speaker " for " and " against." 
 
 Bills already approved of by the Chamber and 
 forwarded to the Senate, will follow the procedure 
 adopted in their first discussion before the Chamber. 
 This (the Senate) can decide that they shall be referred 
 back to the same committee which has already examined 
 them. 
 
 When the procedure of the three readings has been 
 followed in the first discussion on a bill which has been 
 forwarded to the other Chamber, the Chamber can 
 decide whether it will renew only the third reading. 
 
 A bill which has been rejected by the Chamber can- 
 not be presented again during the same session. 
 
 The minister when he presents a bill and the deputy Demand for 
 proposing one, after it has been taken into consideration, 
 can ask that it should be declared urgent, or very urgent. 
 The demand that it should be declared urgent can also 
 be made in writing by ten deputies ; and that it should 
 be declared very urgent by twenty. In the case of the 
 declaration of urgency all the terms indicated in Articles 
 47, 53,* 57,* 60,* 62* and 85,* are reduced by one-half. 
 
 * See pages 314, 315, 316, 314. See Manuale ad uso dei deputati 
 al Parlamento Nazionale, 1889. 
 
314 BILLS AND MOTIONS. 
 
 Italy, In the case of the declaration of the greatest urgency, 
 the three readings can be taken at shorter intervals or 
 in one day according as the proposers desire. In this 
 last case the dispositions of the two first paragraphs of 
 Article 85, viz., that new clauses and amendments must 
 be presented in writing to the President at least 24 
 hours before the consideration of the clauses to which 
 they refer, and that no new article or amendment can 
 be considered on the same day on which it is presented, 
 unless it is signed by 10 deputies, and of the first 
 paragraph of Article 62,* do not apply. 
 
 When urgency is demanded, the Chamber will vote 
 it by rising and sitting, if there is no opposition ; but 
 should any opposition arise, the vote must be taken by 
 secret ballot. 
 
 If the demand is made that the periods should be 
 reduced by more than one-half, the voting on the 
 motion must always be taken by secret ballot ; and it 
 will not be considered as approved unless two-thirds 
 of those voting support it. If, on the other hand, it is 
 demanded that the three readings shall be passed in 
 one day, no vote can be taken on the motion if thirty 
 deputies oppose it. 
 
 Procedure. When (Article 53) the Chamber has decided that 
 
 Three the bill ought to follow the procedure of the three 
 readings, it will fix the day on which the first reading 
 shall be taken at a public sitting, but at an interval 
 of not less than eight days from the notice that the 
 distribution of the bill has been completed. 
 
 First The first reading (Article 54) consists of a general 
 
 reading. 
 
 discussion on the principle of the bill. This will be 
 opened by the minister or deputy (who is the mover), 
 
 * See page 316. 
 
BILLS AND MOTIONS. 315 
 
 with an oral explanation of the provisions of the Italy, 
 measure, and of their motives. 
 
 The minister, or the deputy (who is the mover), or, 
 failing them, 10 deputies, can ask that each of the parts 
 or titles of the measure may be explained separately, 
 according to Article 81. 
 
 The Chamber, having heard one speaker " for " and 
 " against " decides. 
 
 The general discussion terminates with the question, 
 put by the President, as to whether or not the Chamber 
 wishes to pass to the second reading. 
 
 When the Chamber resolves to pass to the second second 
 
 reading. 
 
 reading, the bill is referred to a committee. The com- 
 mittee is generally chosen from the bureaux among 
 whom the discussion is limited to the clauses of the bill; 
 but the Chamber can decide to elect it itself or to refer 
 the selection to the President. 
 
 The report of the committee (Article 57) is oral or 
 written. The bill after it has been accepted or amended 
 by the committee, will be printed and circulated to the 
 deputies within six days of the presentation. Notice 
 will be given of the distribution on the order of the day 
 of the next sitting. The government then asks the 
 Chamber to fix the day for the next reading, but at an 
 interval of not less than six days from the notice of the 
 distribution of the bill. 
 
 The Chamber then comes to a decision after having 
 heard one speaker on each side " for'' and "against." 
 
 AYhen the committee (Article 58) after an interval 
 of 30 days from their nomination, or that period which 
 the Chamber shall prescribe, as the case may be, has 
 not presented to the Chamber the measure which has 
 been referred to it, the government or any deputy, after 
 having given 48 hours' notice, can request the Chamber 
 
316 BILLS AND MOTIONS. 
 
 Italy. to fix, after an interval of not less than eight days, the 
 
 time for the second reading of the bill. 
 
 The Chamber, having heard the government and the 
 
 reporter of the committee, decides, 
 second The second reading consists of the discussion of the 
 
 reading. 
 
 clauses. 
 
 The second reading (Article 60) having been com- 
 pleted, the Chamber, after it has heard the government 
 and the committee, fixes, after an interval of .not 
 less than eight days, the day for the third reading. 
 The Chamber decides after having heard one speaker on 
 both sides " for " and " against." 
 Third The third reading consists of the revision and voting 
 
 reading. 
 
 on the bill in a secret ballot. In it the clauses will not 
 be read, but only indicated by the President, in which 
 amendments have been made or the rejection proposed. 
 
 Amend- Amendments (Article 62) can be presented either by 
 
 the government or by 15 deputies, but both ought to be 
 transmitted to the President of the Chamber at least 48 
 hours before the debate on the bill. Bills are printed 
 and distributed to the deputies, and communicated to the 
 committee, 24 hours before the commencement of the 
 third reading. 
 
 After the discussion of the amendments has been 
 concluded, the President can give permission to any 
 deputies who may ask for it to make a declaration as to 
 their vote. 
 
 procedure For bills which are referred by the Chamber to the 
 
 of the 
 
 Bureaux, bureaux the procedure is as follows : Having been 
 distributed to the deputies they are transmitted to the 
 bureaux, the bureaux examine the bill and nominate a 
 .committee to report upon it to the Chamber. After the 
 report of the committee has been printed and circulated 
 the Chamber proceeds in public session first to the 
 
BILLS AND MOTIONS. 317 
 
 general debate, then to the debate and vote on the Italy, 
 clauses. The reports of the committee to the Chamber 
 are printed and circulated at least 24 hours before the 
 opening of the debate, unless on account of urgency the 
 Chamber shall decide otherwise. Every clause and 
 every amendment that is proposed is discussed. 
 
 All amendments to bills must be reported upon by Amend- 
 
 ments. 
 
 the committee on the bill before they are discussed in 
 the House. 
 
 Upon an amendment which has been rejected by the 
 committee, no debate can be opened unless it has been 
 demanded by more than 15 members. Whenever such 
 a demand has been made, the mover is entitled to ex- 
 plain the reasons for his amendments, and the commit- 
 tee can reply, after which the President inquires of the 
 Chamber if it wishes the debate to continue. When a 
 debate lasts through several sittings the amendments 
 are printed and circulated. An amendment which has 
 been withdrawn by the mover cannot be taken up by any 
 other member, unless he happens to be a member of the 
 committee; nor can a motion which has been rejected 
 by the Chambers be again introduced in the same 
 session. 
 
 Before the final vote on a bill is taken, the committee Final vote, 
 or a minister can call the attention of the Chambers to 
 any amendments already passed, which may appear incon- 
 sistent with the scope of the law, or with any of its pro- 
 visions, and may conclude with a motion. The mover of 
 the amendment, or another member on his behalf, can 
 answer the objection, and the committee or minister has 
 the right of reply. The debate then closes, and the 
 Chamber gives its decision, the result of the voting 
 being announced by the President in the following form : 
 " The Chamber approves," or " The Chamber rejects." 
 
318 BILLS AND MOTIONS. 
 
 Italy. If the bill is approved of by the House, it is transmitted 
 
 procedure, to the other Chamber, which passes it or not, as the case 
 may be. 
 
 The procedure in the Senate is so similar in its 
 character that it is unnecessary to describe it in detail. 
 
 Rejected "When a bill that has been already passed by one 
 
 House is rejected in the other, it cannot be re-introduced 
 during the same session. It should be observed, how- 
 ever, that the English session is represented by the 
 Italian " legislatura," which may be divided into several 
 " sessioni." 
 
 When a bill is not absolutely rejected, but merely 
 amended by one of the Houses of Parliament, it may 
 be returned from one House to the other until an agree- 
 ment between them is arrived at.* 
 
 When any measure has been rejected by the King, 
 or by either of the Houses, it cannot be again introduced 
 in the same session. 
 
 Royal assent Finally, if a Bill has been approved of by both 
 Houses, it is presented to the King for his sanction. 
 
 Italian is the official language, but French may be 
 spoken by members of Parliament who come from the 
 provinces in which it is used. 
 
 JAPAN. 
 
 BUI sub. A project of law is voted upon, after it has passed 
 
 ^h rou g n three readings. But the process of three 
 
 cases?*" 1 readings may be omitted, when such a course is de- 
 manded by the Government, or by not less than 
 
 * The system of joint committees of the two Houses has not been 
 adopted by the Italian Parliament, but there is nothing- in the Con- 
 stitution to forbid their use. 
 
BILLS AND MOTIONS. 319 
 
 10 members, and agreed to by a majority of not Japan, 
 less than two-thirds of the members present^ in the 
 House. 
 
 Bills brought in by the Government are never voted 
 upon without having been first submitted to the committee a 
 examination of a committee. But a different course may m 
 
 be adopted, when it is so demanded by the Government, ur 
 in case of urgent necessity. 
 
 When a member moves to introduce a bill or to Motion to 
 
 introduce a 
 
 make an amendment to a bill, such motion cannot be JjJ^Ja by 
 made the subject of debate unless it is supported by 20 members - 
 not less than 20 members. 
 
 The Government is at liberty at anytime to either finis may be 
 
 withdrawn. 
 
 amend or withdraw any bill which it has already 
 brought in. 
 
 All bills are, through the medium of a Minister 
 of State, presented to the Emperor by the President 
 of that House in which the bill was last voted upon. 
 
 When, however, a bill originating in either one of 
 the Houses has been rejected in the other, the rule 
 set forth in the second clause of Article LIV. must 
 be followed.* 
 
 Bills which, after having been passed by both 
 Houses of the Diet and presented to the Emperor, 
 may receive his nanction, must be promulgated before 
 the next session of the Diet.t 
 
 * In this case the second House must report the fact to the House 
 in which the bill was introduced. 
 
 t The following is an example of the manner in which the Emperor's 
 sanction is given to Imperial ordinances : 
 
 Law of the Houses. 
 
 We, with the advice of our Privy Council, hereby give our sanction 
 to the present law of the Houses and order it to be promulgated, and 
 at the same time direct that, from the day of the institution of the 
 House of Peers and of the House of Representatives, all affairs con- 
 
320 BILLS AND MOTIONS. 
 
 Japan. With the exception of the budget, the bills of the 
 
 Government may be brought in, in either one of the 
 
 Houses first, according to the convenience of the case. 
 Report on When a Government bill has been passed in either 
 
 bill by 
 
 House to first House with or without amendment, it is then carried 
 into the other House. When the second House either 
 
 Emperor. concurs in or dissents from the vote of the first House, 
 it, simultaneously with addressing the Emperor, reports 
 to the first House. 
 
 In case a bill introduced by either House is rejected 
 by the other House, the second House reports the fact 
 to the first House. 
 
 Amended When either House makes amendments to a bill 
 
 the U first d to carried into it from the other House, the bill as amended 
 is returned to the first House. When the first House 
 agrees to the amendments it, simultaneously with 
 addressing the Emperor, reports to the second House. 
 When, on the other hand, the first House does not agree 
 to such amendments, it may demand a conference of the 
 two Houses. 
 
 When either House demands a conference, the other 
 House cannot refuse it. 
 
 Conference. Both Houses elect an equal number, not more than 
 10, of managers to meet in conference. When the bill 
 in question has been adjusted in the conference, the 
 adjusted bill is discussed first in that House which had 
 either received it from the Government or had initiated 
 it, and it is then carried to the other House. 
 
 nected with either the one or the other of them, be conducted in 
 accordance with the present law. 
 
 [His Imperial Majesty's Sign-Manual.] 
 
 [Privy Seal.] 
 
 1?he llth day of the 2nd month of the 22nd year of Meiji. 
 (Countersigned by ten Ministers.) 
 
BILLS AND MOTIONS. 321 
 
 No motion for amendments can be made to a bill Japan, 
 that has been adjusted in a conference. 
 
 NETHERLANDS. 
 
 The procedure of the two Houses with respect to Procedure, 
 bills differs somewhat, as, under Articles 116 and 117 of 
 the Fundamental Law, the States General have the 
 right of proposing bills for the King's approval, but the 
 initiative belongs exclusively to the Second Chamber, Right of 
 
 initiative. 
 
 which deliberates on its own proposals in the manner 
 prescribed for the consideration of bills proposed by the 
 Government, and in case of adoption, transmits them to 
 the First Chamber, with the following message : f ' The 
 " Second Chamber of the States General forwards the 
 " the annexed proposal to the First Chamber, and is of 
 " opinion that there is ground for requesting the 
 " sanction of the King." 
 
 When the First Chamber, after having deliberated 
 upon it in the usual manner, adopts the proposal, it sends 
 it to the King, with the following message: "The States 
 " General forward to the King the annexed proposal, 
 " which they believe to be advantageous and useful to 
 " the State. They pray His Majesty to be good enough 
 " to give it his royal assent." At the same time, it 
 informs the Second Chamber, in the following manner: 
 " The First Chamber of the States General informs the 
 " Second Chamber that it has adopted the proposal of 
 
 " the relative to and that it has 
 
 " forwarded it to His Majesty for his royal assent." 
 AVhen the First Chamber does not approve of the pro- 
 posal, it informs the Second Chamber, in the following 
 manner: "The First Chamber of the States General 
 
 Y 
 
322 BILLS AND MOTIONS. 
 
 Nether- " has not found sufficient [reasons for presenting for the 
 " royal assent the annexed proposal." 
 
 Bills proposed by the Government are also intro- 
 duced in the Second Chamber, and when they have 
 been passed may be thrown out, but not amended, by 
 the First Chamber. 
 
 The Second Chamber, as well as the States General, 
 assembled in a plenary sitting, have a right to amend 
 the proposals of the King. 
 
 When it adopts the proposal, either with or without 
 amendment, it sends it to the First Chamber with 
 the following message : " The Second Chamber of the 
 " States General sends to the First Chamber the annexed 
 " proposal of the King, and is of opinion that it ought to 
 " be adopted with or without amendment/' 
 
 When the Second Chamber decides not to accept 
 the proposal, it informs the King of it in the following 
 terms : " The Second Chamber of the States General 
 " thanks the King for the zeal with which he watches 
 (( over the interests of the State, and begs him respect- 
 11 fully to further consider his proposal." 
 
 The King can withdraw any proposal that he has 
 made, so long as the First Chamber has not passed it. 
 
 Bills relating to the budget are presented every year 
 to the Second Chamber on the part of the King, imme- 
 diately after the opening of the session of the States 
 General, and before the commencement of the year for 
 which the budget is to serve. 
 
 AII bills, AC. -A-H bills or proposals sent to either Chamber are 
 tiuf sections, immediately printed and circulated among the mem- 
 bers, and forwarded to the sections, who report upon 
 them, 
 interval There is no fixed period, as formerly, between the 
 
 between 
 
 presentation of the report and the day of the debate, as 
 
BILLS AND MOTIONS. 323 
 
 the President may now appoint the day as soon as the Nether- 
 report has been distributed, subject to the power of the 
 House to alter the time proposed. 
 
 Between the period fixed for the reading of the 
 report, and the commencement of the debate on the 
 clauses of the bill, any member is at liberty to lay Any member 
 
 * may propose 
 
 amendments to the Bill on the table of the Chamber, and amendments, 
 the mover of an amendment may add to it some short 
 explanations ; these papers being printed and circulated 
 as soon as possible among the members. 
 
 There are two debates on every bill, the first being TWO debates 
 
 on every 
 
 on the general principle, and the second on the clauses. bil1 - 
 In the first debate the general intention and the whole 
 of the bill are taken exclusively into consideration, but 
 the Chamber may also resolve on a separate debate on 
 each of the chief sections of the bill. 
 
 The debate on the clauses takes place in their 
 natural order, so that the amendments to each are con- 
 sidered at the same time, unless the contents or their 
 close connection with other clauses renders a different 
 course necessary. The Chamber may decide on dividing Debate on a 
 the debate 011 a clause if it contains different paragraphs divisible, 
 and sentences. 
 
 As soon as the bill 1ms been placed on the order of Ascription 
 
 of members 
 
 ments must 
 
 the day the members may repair to the table of the 
 Chamber, and inscribe their names oil the list of 
 speakers. This inscription of their names regulates the 
 order in which they are allowed to speak. 
 
 Amendments moved by members must, in order to be 
 
 * 
 
 made the subject of debate, be proposed and supported be supported 
 by at least five members, but alterations which have meml)ers - 
 been brought up by the mover of an amendment require 
 no new support, unless the Chambers should decide 
 otherwise. The Reporter of the Committee or the 
 
 Y 2 
 
324 BILLS AND MOTIONS. 
 
 / 
 
 Nether- signer of an amendment are considered to be the movers 
 
 of their respective amendments. 
 Debate on On the motion of five members, or of the President. 
 
 amendments 
 
 suspended. *^ e Chamber may suspend the debate on each amend- 
 ment, or refer it to the sections ; and alterations pro- 
 posed by the Government may be treated in the same 
 way. If it is resolved, during the debate, that the 
 
 Report on Committee of Reporters or the Committee of Prepara- 
 
 amendments. 
 
 tion shall draw up a report on one or more of the 
 amendments, the committee carries out this order by 
 means of its Chairman, or by the drawing up of a 
 written report. If no person desires to propose any 
 further amendment, the debate is closed on that part of 
 Order of the bill. The vote is then taken, first on the amend- 
 
 voting on 
 
 amendments, ments to the amendments, then on the amendments, and 
 finally on the clauses. 
 
 The mover of an amendment is not allowed to with- 
 draw it after the conclusion of the debate, except in the 
 case of the passing or rejecting of a proposed amend- 
 ment another proposed amendment should fall to the 
 ground ; on this question, in case of dispute, the 
 Chamber gives its decision. 
 
 Additional amendments may be added to the 
 amended bill, between the voting of the clauses and 
 the final vote on the bill, for the purpose of making 
 their meaning clearer. 
 
 Final vote, The final vote on a proposed law in its entirety 
 
 takes place always by means of the call of the members. 
 Before the vote is taken the House may, if it thinks fit, 
 refer the bill, if amended, to the Committee of Reporters 
 or the Committee of Preparation, to report on the 
 
 cm as general effect of the amendments. The report having 
 
 amended. 
 
 been received without debate, the Chamber passes either 
 to the final vote, or sends the amended bill with the 
 
BILLS AND MOTIONS. :^o 
 
 report to the sections for deliberation. All consequential Nether- 
 alterations in the order of the clauses are made by the 
 President of the Chamber. Every bill after having 
 passed the House in which it was first introduced, is 
 forwarded to the other, when, if agreed to, it is pre- 
 sented to the King for his sanction. 
 
 There is no particular distinction between bills and 
 motions. They obtain the force of law when, after 
 having passed the two Chambers, they are signed by 
 the King, the opinion of the Council of State having 
 been previously obtained. Before coming into operation, 
 they must be countersigned by the minister to whose 
 department they belong, and also published in the 
 Official Gazette. 
 
 Resolutions and decrees differ from bills and motions, Resolutions 
 
 T7- ' f ai3 ^ Decrees 
 
 inasmuch as they are issued by the King, after con- 
 sultation with the Council of State and the States 
 General, but without having been voted by the two 
 Chambers, and would appear to be somewhat of the 
 nature of our " Royal Warrants." 
 
 Between public and private bills there does not 
 appear to be any difference, and practically few bills 
 are really brought forward by private persons. 
 
 Both Chambers may make proposals or suggestions 
 to the King, but may not forward anything else which 
 has not passed both Chambers. 
 
 Should the two Chambers disagree as to the passing 
 of a bill, it is lost. 
 
 The royal assent or veto is given in the same Royal assent 
 form as in England, " Le roy le veut " and " Le roy 
 " s'avisera." 
 
 All the business of the Chamber or of the com- unfinished 
 mittees elected by the Chamber, the President or the resumed in 
 
 following 
 
 sections, including the proceedings with regard to the session - 
 
326 BILLS AND MOTIONS. 
 
 Nether- messages of tlie King, which at the end of the session 
 have been left unfinished, are resumed in the next 
 session, unless the Chamber decides otherwise; this 
 practice also holds good in the Upper Chamber, although 
 there is no actual rule relating to it. 
 
 In the case of a dissolution of the Chamber, all its 
 business which is pending is void. 
 
 PORTUGAL. 
 
 Procedure as All proposals (Propostas de lei) and bills (Projector de 
 and mils. i e {^ before they are presented to the Chamber, must be 
 in writing and signed ; they are not, however, admitted 
 if they have the signatures of more than seven members, 
 except in cases where they have been presented by a 
 committee which consists of a great number. 
 
 After permission has been obtained for their presenta- 
 tion, the author or mover is required to read them, and 
 they are then sent to the President. In the following 
 sitting, after they have been again read by one of the 
 Secretaries, the President puts the question to the vote, 
 whether the proposal or bill, which has just been read, 
 shall or shall not be put down for discussion. If the 
 question is decided in the affirmative, the measure is 
 referred to the committee which deals with the class of 
 cases to which it belongs. 
 
 Urgency. In the event of a matter being considered urgent, it 
 
 may be debated in the same sitting in which it was pre- 
 sented for discussion. Proposals of law presented to 
 the Chamber in the name of the Government are always 
 considered to be urgent, and all those which are sent 
 from committees of the Chamber are not subjected to 
 the rules regarding admission, but are placed as a matter 
 of course on the order of the day. The Ministers of 
 
BILLS A\I MOTIONS. 327 
 
 State may also present, personally or in writing,, any Portugal, 
 proposals of law in the name of the Government. 
 
 These proposals are always first introduced in the H^M of 
 
 J . initiative. 
 
 Lower House, where, after examination by a committee, 
 they are draughted in the form of bills. 
 
 Eeports of committees on proposed laws cannot be Reports on 
 
 proposals. 
 
 discussed until 48 hours (or in the Chamber of Peers 
 three days) after they have been printed and circulated, 
 unless the Chamber has dispensed with the printing. 
 
 Every bill which contains more than one clause has TWO discus- 
 
 n & '" ns " 
 
 to pass through two discussions, the first having reference every tiu. 
 to the principle, spirit, and expediency of the matter in 
 question, and the second being limited to the considera- 
 tion of each clause. The approval of the principle of a 
 bill does not imply the adoption of its special provisions ; 
 whilst, on the other hand, if the principle is not adopted, 
 the whole of the bill is considered to be rejected. 
 
 The following is the form of communication between communi- 
 cations be- 
 the two Houses on the subject of passing a bill. If the tweenthe 
 
 J Houses. 
 
 Chamber of Deputies passes a bill, it sends it to the 
 peers with the following formula : " The Chamber of 
 (C Deputies sends to the Chamber of Peers the annexed 
 " proposal of the Executive " (with or without amend- 
 ment), '' and thinks that there are grounds for its 
 passing.'' On the other hand, if it cannot pass the bill, 
 it informs the King,, by a deputation of seven members, 
 in the following manner : " The Chamber of Deputies 
 thanks the King far the zeal which he shows in watching 
 " over the interests of the kingdom, and respectfully 
 fc prays that he will deign to take into his further con- 
 " sideration the proposal of the Government/'' 
 
 As a general rule proposals which the Chamber of 
 Deputies admits and approves of will be remitted to the 
 Chamber of Peers ^yith the following formula : " The 
 
328 
 
 BILLS AND MOTIONS. 
 
 Portugal, " Chamber of Deputies sends to the Chamber of Peers 
 fC the annexed proposal, and thinks that there are 
 " grounds for asking the King to sanction it" ; but if 
 the Chamber of Peers returns the bill with amendments, 
 instead of adopting it entirely as sent from the other 
 House, the message will be in the following form : 
 " The Chamber of Peers sends to the Chamber of Depu- 
 " ties its bill with amendments, and thinks that, with 
 " these alterations, there are grounds for requesting the 
 " King to give his royal assent." If, however, the 
 Chamber of Peers, after having deliberated, is of opinion 
 that the proposal or bill ought not to be entertained, it 
 will say so in the following terms : " The Chamber of 
 " Peers returns to the Chamber of Deputies such and 
 " such proposals, to which it is unable to give its 
 " consent." The Chamber of Deputies follows the same 
 course under similar circumstances. 
 
 If the Chamber of Deputies does not approve of the 
 amendments made by the peers, or vice versa, and never- 
 theless the Chamber which raises objections is of opinion 
 that the bill is advantageous, a joint committee of an 
 equal number of peers and deputies is nominated, which 
 considers the advisability of passing or rejecting the 
 measure. The joint committee is composed of from 
 five to twelve members from each House, according to the 
 importance of the measure, and of four supernumeraries, 
 the number being fixed by the Chamber applying for 
 the joint committee. If, when the resolutions of the 
 joint committee have been reported to the Chambers, 
 either Chamber rejects the bill a second time, it cannot 
 be proposed again in the same session. 
 
 If either of the two Chambers, at the conclusion of 
 the debate, adopts in its integrity the bill which the 
 other Chamber has sent it, the bill is reduced to the 
 
 Joint Com- 
 mittees. 
 
 Procedure 
 when a bill 
 has passed 
 both Cham 
 bers. 
 
BILLS AND MOTIONS. 329 
 
 form of a decree, and, after having been read in the Portugal. 
 House, is forwarded to the King in duplicate, signed 
 by the President and two Secretaries, and his sanction 
 requested in the following form : " The general Cortes 
 " forward to the King the enclosed decree, which they 
 " consider advantageous and useful to the kingdom, and 
 " requests that His Majesty will deign to give his 
 " assent/' 
 
 This message is sent by a deputation of seven mem- Message to 
 bers from the House which deliberates last on the 
 question, and the other House is informed at the same 
 time of the steps which have been taken. If the King 
 refuses to give his consent, he sends an answer in the 
 following terms: " The King desires to meditate upon Royal veto. 
 " the proposed bill, in order to come to a decision at 
 " his leisure," to which the Chamber will reply that 
 " it is grateful to His Majesty for the interest which he 
 " takes in the nation/ 5 This refusal is considered to be 
 final. The King refuses or gives his sanction to each 
 decree within one month after its presentation. 
 
 If the King adopts the bill of the general Cortes, his Royal assent, 
 answer will be thus expressed : <f The King consents/' 
 The bill is then promulgated, and the original copy is 
 placed among the archives of the kingdom. 
 
 To the Chamber of Deputies belongs the initiative in 
 questions of taxation and recruiting. With this excep- 
 tion, and subject to the rule as to Government bills, any 
 peer may introduce a proposal of law in the Upper 
 House. 
 
 !No bill or motion that has been rejected can be 
 introduced again in the same session. 
 
 Bills which have passed one Chamber and been sent BUIS taken 
 
 up in follow- 
 to the other, but in consequence of a prorogation have ig session. 
 
 not been discussed, may be taken up again at the same 
 
'>>() BILLS AND MOTIONS. 
 
 Portugal, stage in the following session. At the end of each 
 Parliament the Chambers restore to each other the bills 
 which it has been found impossible to discuss. 
 
 SPAIN. 
 
 All bills which are presented to either House by the 
 
 Government,, or are forwarded from one House to the 
 
 Right of other, are immediately referred to the sections. Both 
 
 initiative. 
 
 Houses, as well as the King, have the right of initiative, 
 but bills relating to taxes and the public credit are first 
 introduced in the Lower House. 
 
 The proposals of private members are embodied 
 in the form of a law, and after having been signed by 
 their authors, are handed to the President, but no such 
 proposals can be signed by more than seven members 
 (whether senators or deputies). These proposals are 
 then sent to the sections, who decide at their next meet- 
 ing whether they will authorise their reading or not. 
 It is sufficient for this purpose if one section only 
 authorises the introduction of the measures. One of 
 the movers of the proposal may then bring the measure 
 before the House, giving his reasons for the passing of 
 the law. The question is then put without debate, as to 
 whether the House will take the matter into its considera- 
 tion, and if the decision is in the affirmative, the bill is 
 immediately referred back to the sections. Bills which 
 have been thrown out or vetoed cannot be re-introduced 
 in the same session. 
 
 There are usually two debates on every bill, one on 
 
 the principle and the other on the clauses ; and every 
 
 bill, after having passed both Houses, must receive the 
 
 royal assent before it becomes law. 
 
 Rule as to Bills which are of the nature of codes are exceptions 
 
 codes. 
 
BILLS AX I) MOTIONS. 331 
 
 to the rule that there shall be only one general discussion, Spain, 
 as there may be several debates of a general character on 
 the different parts or titles which are comprised in them. 
 
 AVhen it so happens that the members of a committee case where 
 
 ,..-.-,. , . .. , -i rv committee 
 
 are equally divided in their opinions, the different i* divided, 
 decisions are discussed, commencing with that which 
 differs most from the bill or article under review, and 
 the House is asked whether it will take the bill into con- 
 sideration or not ; and in the latter case the bill is held 
 to be lost. 
 
 Amendments will not be admitted unless signed by Amend. 
 
 5 J ments. 
 
 seven deputies ; they must also have been presented pre- 
 viously to the debate on the bill ; and after they have 
 been read are referred to the committee. 
 
 After the amendments have been read a second time, 
 commencing with those which differ most from the 
 article or bill to which they refer, one of its movers has 
 the right of speaking, and a member of the committee 
 having replied, the opinion of the House is taken as to 
 whether it will consider the respective amendments. If 
 the answer is in the affiniative, they are discussed at the 
 same time as the article to which they relate. 
 
 Unlike the practice in the English Parliament, a bill B;HS com- 
 menced m 
 does not necessarilv drop at the conclusion 01 a session, one session 
 
 J 3 may be 
 
 but it may be taken up again, at the stage at which it 
 was left, in the next session, on the proposal of the 
 Government or a member. But after the dissolution of 
 the Cortes all business pending in either House will ter- 
 minate, and have to be commenced afresh, if promoted 
 by the Government or a private member. 
 
 S WIDEN. 
 
 Communications from the Kino- and his bills, with Presentation 
 
 of bills. 
 
332 BILLS AND MOTIONS. 
 
 Sweden, certain exceptions, are presented to the Houses by a 
 member of the State Council, and must always be 
 accompanied with the remarks of the Council, and in 
 questions regarding the establishment, alteration, ex- 
 planation, or repeal of a common, civil, criminal and 
 church law, with the opinion of the Supreme Court of 
 Judicature. 
 
 The distinction between bills, motions and resolu- 
 tions is the same as it is in England. Practically there 
 is very little difference between Government and private 
 bills and motions, except that the latter are liable to be 
 vetoed by the King. 
 
 Both classes of bills are prepared by the Government 
 or by the mover (as the case may be), or by a com- 
 mittee. There is no special revision of amendments, 
 
 Motions which are voted as the House may direct. Motions in 
 
 relating to 
 
 committees cases belonging to a Standing Committee must be made 
 by members in the House to which they belong, within 
 10 days from the opening of the Eiksdag, after which 
 time no such motion can be made by a member, unless 
 it refers to the amendment of a fundamental law, or is 
 occasioned by a resolution passed in either House, or by 
 any matter taken into consideration since the meeting of 
 the Kiksdag. 
 
 In cases not belonging to any Standing Committees, 
 motions may be made as long as the session lasts. 
 
 Procedure When a proposal or motion is before the House for 
 
 in the House. > ... 
 
 the first time, if it is not at once referred to a committee, 
 it is laid on the table of the House till the next sitting, 
 when it is sent to a committee, unless it be withdrawn, 
 or, if it refers to the House only, be decided at once. 
 
 Members are entitled to express their opinion on the 
 matter, and these remarks are also sent to the com- 
 mittee, so long as no delay is occasioned thereby. If a 
 
BILLS AND MOTIONS. 333 
 
 question is raised as to which committee a matter is to Sweden, 
 be referred, it is laid on the table, but must be finally 
 decided at the next sitting. The King's proposals, 
 as well as motions in matters belonging to one of the 
 Standing Committees, cannot be deliberated upon in the 
 Houses before the committee has given its report, nor 
 can motions in these matters be agreed to without 
 having first passed through a committee, unless the 
 question refers exclusively to the House itself, when it 
 may be decided at once. 
 
 Every bill is subjected to one reading before it passes. 
 
 The President cannot refuse to receive proposals. Reception of 
 unless he considers the question raised to be contrary SiePresident 
 to a fundamental law, and he must then always give the 
 reason for his objection. 
 
 Should the House, nevertheless, insist upon the pro- constitution 
 
 Committee. 
 
 posal being introduced, the President may adjourn the 
 debate, and the question is then laid before the Con- 
 stitution Committee, which has at once to give an 
 unequivocal opinion based on arguments, as to whether 
 the question is in conformity with, or contrary to, the 
 fundamental laws. The introduction of what the com- 
 mittee declares not to be contrary to the Constitution 
 cannot then be refused. 
 
 Ordinary resolutions in answer to proposals made by 
 the King are delivered to him in writing, but where the 
 latter relate to proposed amendments in the Constitution, 
 the answer of the Riksdag, if in approval of the royal 
 project, will be delivered to the King in the throne 
 room on a day fixed by him specially for the purpose. 
 
 All laws require the royal assent, but if the King is Royal assent 
 unable to give his decision before the close of the Diet, 
 he can ratify the bill as it stands, and cause it to be pro- 
 mulgated before the opening of the next Diet. Should 
 
334 BILLS AND MOTIONS. 
 
 Sweden, this not be done, the bill falls to the ground, and the 
 King explains to the next Diet the reasons for having 
 withheld his assent. 
 
 Bills partially considered in one session may be taken 
 up in the next at the same stage. 
 
 The Diet, with the assent of the King has power to 
 
 cal laws. 
 
 make, amend, or repeal ecclesiastical laws, but in this 
 case the assent of the general Synod is required. 
 
 Bills, &c., to Bills and motions must in all cases, except when the 
 
 be presented 
 
 in writing, proposal relates to a matter actually under consideration 
 at the time, be presented in writing. 
 
 The terms Bills, Motions and Kesolutions are under- 
 stood in the same sense as they are in England. Bills 
 becoming eventually Acts of Parliament, and motions 
 being proposals for committees and inquiries, whilst 
 resolutions are abstract declarations of the desirability 
 of a certain thing, or of blame, or want of confidence. 
 
 At the conclusion of each sitting the President 
 receives new proposals and motions, and notifies such as 
 have been sent in. 
 
 Government Bi ] ls p res ented by Councillors of State on behalf of 
 the Government may be received, when required, at 
 times when other business is in abeyance. 
 
 Division When notice is given of a bill, motion or other matter, 
 
 decides 
 
 wlifconider ^ ne President takes the decision of the Division, whether 
 the matter shall at once be considered, or whether it shall 
 lie on the table, for the examination of the members 
 of the Division, two or more days, according to its 
 length and nature, and thereafter be put down for 
 decision, or whether it shall be sent to a committee. 
 ^ n or( ^ er * prevent a new subject from coming on at 
 
BILLS AND MOTIONS. 335 
 
 once for decision, it is only necessary for the President, Norway 
 or one-fifth of the members present in the Division con- fro 
 cerned, to raise an objection. When questions are to be 
 reported upon, which the President considers should be 
 at once decided, they should be specially mentioned in 
 the notice of the sittings. 
 
 Matters before the Chamber must lie in the Hall of 
 the Assembly of the Storthing from 9 o'clock in the 
 morning to 3 o'clock, and from 5 o'clock to 8 o'clock in 
 the afternoon. 
 
 Bills and motions received after the 15th February Bills re - 
 
 " ceived late. 
 
 are not considered until all matters received earlier, that 
 are ripe for decision, have been decided, unless the 
 Chamber concerned resolves that an exception in this 
 respect be made with regard to any particular matter. 
 
 Proposals for alterations in the fundamental laws, and 
 in the regulations for business in the Storthing, as well 
 as proposals that are made verbally during debate, are 
 not subject to this restriction. 
 
 Bills and motions brought before a previous Storthing procedure 
 
 or Division thereof during the same Parliament, but not wiis intro- 
 duced in a 
 
 decided, are regarded as still standing over for con- ?y 3 
 sideration, unless contrary reservation has been made by 
 the proposer. 
 
 If the maker of a proposal wishes to withdraw such withdrawal 
 
 , . , . of motion. 
 
 proposal, he is required to make a declaration to that 
 effect at a sitting either of the Storthing or of the 
 Common Division (Odelsthifng), according as the proposal 
 has come before the former or the latter. 
 
 If the declaration is made after the 15th February, 
 anyone else entitled to make a proposal may, before the 
 conclusion of the next sitting, adopt the proposal as his 
 own, with the result that it is regarded as having been 
 made previous to the above-mentioned day. 
 
336 
 
 BILLS AND MOTIONS. 
 
 Norway. 
 
 Exception. 
 
 Meeting of 
 Presidents 
 of Divisions, 
 &c. 
 
 Bills to be 
 introduced 
 first in the 
 Odelsthing. 
 
 Further 
 course of 
 procedure. 
 
 Meeting of 
 the Stor- 
 thing. 
 
 Interval 
 between the 
 two debate?. 
 
 Course of 
 procedure 
 where a bill 
 is agreed to 
 by the 
 Storthing. 
 
 Proposals regarding tlie fundamental law may not be 
 withdrawn after the Storthing has decided that they 
 should be printed and published. 
 
 In the first week after the expiration of the time for 
 receiving proposals, the Presidents of the Storthing and 
 its divisions meet the various Standing Committees and 
 agree with them as to what matters are of vital im- 
 portance, and what are not, placing the former in the 
 first and the latter in the second category. 
 
 The classification cannot be altered, except by a 
 resolution of the Storthing, and all the business con- 
 tained in the first class must be disposed of before that 
 in the second is proceeded with. 
 
 All bills, according to Article 76 of the Fundamental 
 Law, are first to be laid before the Odelsthing, either 
 by one of its own members, or by a Secretary of State 
 on behalf of the Government. If the bill is passed by 
 the House in which it was introduced, it is sent to the 
 ts Lagthing," which either approves of or rejects it, in 
 the latter case returning it with reasons. 
 
 These reasons are considered by the Odelsthing, 
 which either lays the bill aside, or returns it to the 
 Lagthiug, with or without further amendments. When 
 a proposed bill from the Odelsthing has been sent twice 
 to the Lagthing, and has been for the second time re- 
 turned with a refusal, the entire " Storthing " meets 
 together, and by two-thirds of its votes decides as to the 
 passing of the bill. Between each of these deliberations 
 an interval of at least three days must elapse. 
 
 If the bill, as last sent from the Odelsthing to the 
 Lagthing, is agreed to by the united Storthing, it is 
 referred to the Lagthing (or Law Division) to be issued 
 in the usual manner as a law, but if on the other hand 
 the number of affirmative votes required by the funda- 
 
BILLS AND MOTIONS. 337 
 
 mental law are not obtained, the whole is considered to Norway, 
 be lost. 
 
 As soon as a resolution has been agreed to by both 
 Houses, or by the United Storthing, it is sent by a 
 deputation of the two chambers of the Storthing to 
 the King, or Viceroy, for his sanction. If the King Royal 
 approves of the measure, he signs it, and it thereupon 
 becomes law ; but if not, he returns it to the Odelsthing, 
 with the declaration that at present he does not think it 
 advisable to give his assent. If, however, the two Houses 
 have adopted a resolution three times in as many 
 Storthings, it becomes law, even if the King's assent 
 has not been given. 
 
 SWITZERLAND. 
 
 Every member of the "Conseil National" or the 
 " Conseil des Etats," is entitled to make a motion, 
 which must be sent to the President in writing. No 
 motions, except those relating to a question of order, 
 can be considered at the sitting in which notice of them 
 has been given, unless two- thirds of the members urgency, 
 present vote in favour of the immediate discussion. 
 At the first deliberation the question whether the 
 motion shall be considered is alone put to the vote. If 
 this is resolved in the affirmative, the assembly next 
 decides whether it will refer the matter to the Federal 
 Council or a Committee for its report, or proceed to an 
 immediate decision. 
 
 When a law or a resolution has been discussed by 
 
 J tions 
 
 one of the Houses, it is signed by the President and 
 Secretary, and forwarded with a message to the other bllls> 
 within an interval of two days. If the latter House 
 agrees to the proposal in every respect, it returns it to 
 
 z 
 
338 BILLS AND MOTIONS. 
 
 Switzer- tlie other House, with the declaration of its acceptance, 
 
 Ictnci* 
 
 signed at the bottom of the proposal itself by the Presi- 
 dent and Secretary. If, on the other hand, the proposal 
 is rejected or modified, the amendments are transmitted 
 to the first House, which again takes the matter into 
 consideration, and communicates in the same manner its 
 decision to the other House. 
 
 At the time of this deliberation no question on which 
 the two Houses have agreed can be again re-opened. 
 The discussion will proceed until the two Houses declare 
 that they persist definitely in their different views. 
 
 In this case the matter remains without solution, 
 until it is again placed on the order of the day in the 
 manner prescribed for legislation. The acts remain in 
 the possession of the House in which they originated. 
 
 The communications of the States Council consist of 
 either simple announcements or motions. The former 
 are merely inserted in the minutes of proceedings, but 
 the latter can either be debated immediately or referred 
 
 CoSi * a comm ittee. The Federal Council also presents bills 
 for the consideration of the two Chambers. 
 
 UNITED STATES OP AMERICA. 
 
 The procedure adopted by the legislature of the 
 United States is shown by the following extracts from 
 the " Kules of the Houses " and " Smith's Digest." 
 
 senate. In the Senate, whenever a bill or joint resolution is 
 
 offered, its introduction shall, if objected to, be post- 
 poned for one day. 
 
 Bills sub- Every bill and joint resolution shall receive three 
 
 jected to 
 
 three read- readings previous to its passage; which readings shall 
 be on three different days, unless the Senate unani- 
 
BILLS AND MOTIONS. 339 
 
 mously direct otherwise : and the presiding officer shall United 
 
 States, 
 give notice at each reading, whether it be the first, 
 
 second, or third. 
 
 Xo bill or joint resolution shall be committed or 
 amended until it shall have been twice read, after which 
 it may be referred to a committee ; bills and joint resolu- 
 tions introduced on leave, and bills and joint resolutions 
 from the House of Representatives, shall be read once, 
 and may be read twice, on the same day, if not objected 
 to, for reference, but shall not be considered on that 
 day as in committee of the whole, nor debated, except 
 for reference, unless by unanimous consent. 
 
 All bills and -joint resolutions, which shall have committee 
 
 of the whole. 
 
 received two readings, shall first be considered by the 
 Senate, as in committee of the whole, after which they 
 shall be reported to the Senate ; and any amendments 
 made in committee of the whole shall again be con- 
 sidered by the Senate, after which further amendments 
 may be proposed. 
 
 When a bill or resolution shall have been ordered to 
 be read a third time, it shall not be in order to propose 
 amendments, unless by unanimous consent, but it shall 
 be in order at any time before the passage of any bill 
 or resolution, to move its commitment j and when the 
 bill or resolution shall again be reported from the com- 
 mittee, it shall be placed on the calendar, and, when 
 again considered by the Senate, it shall be. as in com- 
 mittee of the whole. 
 
 Whenever a private bill is under consideration, it 
 shall be in order to move, as a substitute for it, a resolu- 
 tion of the Senate, referring the case to the Court of 
 Claims, under the provisions of the Act approved 
 March 3rd, 1883. 
 
 Bills and -joint resolutions on their passage through House of 
 
 P.epreseuta- 
 Z 2 tives - 
 
340 BILLS AND MOTIONS. 
 
 United the House of Representatives shall be read the first 
 Bins and ^ me ^/ title and the second time in f nil, when, if the 
 tions refd U " previous question is ordered, the Speaker shall state the 
 title. question to be " Shall the bill be engrossed and read a 
 
 question " ^ird ^ me ? " an( ^- ^ decided in the affirmative,, it shall 
 be read the third time by title, unless the reading in full 
 is demanded by a member, and the question shall then 
 be put upon its passage (Rule XXI) .* 
 
 The first and second readings of a bill are usually by 
 the title, the readings throughout usually taking place 
 in committee of the whole; but when there is no com- 
 mitment, it [the reading] then takes place whenever it 
 is proposed to put the bill on its passage. It is the right, 
 however, of any member to have a bill read through at 
 every stage of its progress through the House. 
 Q n tte r 6t i n f After the second reading the question of engrossment 
 se u cond e r r ead- is P ut - If ii} be negatived, the bill is rejected ; but if it 
 be decided in the affirmative, and the bill is actually 
 engrossed, or no question is made on its failing to be 
 engrossed, the Speaker immediately directs the " third 
 ' ' reading of the Bill." But if the question is made, and 
 it be not actually engrossed, the Bill goes to the Speaker's 
 table. 
 
 In the case of a Senate bill, the engrossment having 
 already been made before it came to the House, the 
 question which arises is " shall the bill be read a third 
 time ? " which being decided negatively the bill is rejected, 
 but being decided affirmatively, the bill is immediately 
 read a third time. The preamble of a bill is considered 
 after the bill has been ordered to be engrossed and read 
 a third time, and before the third reading takes place. 
 
 * Kules of the House of Representatives, 51st Congress (February 
 17th, 1890). 
 
AND MOTIONS, 341 
 
 After the third reading of a bill, the next question United 
 which arises is " Shall the bill pass ? " At this stage the Questio ' n 
 
 bill is again open to debate, but is not amendable, and 
 is then subject to a renewed demand for the previous 
 question on its passage. 
 
 The bill having passed, and the title having been Title of wu. 
 read, the Speaker states, "If there be no objections, 
 <c this will remain the title of the bill." The title, how- 
 ever, is subject to amendment, and unless the previous 
 question is ordered on it, it is also debateable. 
 
 After the title is disposed of, it is usual for the Motion for 
 
 veconsidera- 
 
 member having charge of the bill (though the motion may tion - 
 
 be made by any member) to move, " that the vote last 
 
 ( ' taken be reconsidered, and that the motion to reconsider Motion to He. 
 
 upon tli 6 
 
 be laid on the table " ; which latter motion having been table. 
 
 decided in the affirmative, no reconsideration can 
 
 take place, and the transmission of the bill to the Senate 
 
 cannot be delayed. If the bill be an important one, or 
 
 is the subject of a contest, it is usual to make the motion 
 
 " to reconsider and lie " at every stage of the bill. The Bin certified 
 
 by the Clerk, 
 
 bill is then "certified by the Clerk, notifying the day of * d ed ' th 
 " its passage at the foot thereof," and conveyed by him Senate - 
 to the Senate, " together with all the papers on which 
 " it is founded," as is required by joint Kule 14.* But 
 no bill that shall have passed one House shall be sent 
 for concurrence to the other on either of the last three 
 days of the session. 
 
 After the bill has been acted upon by the Senate it BUI 
 is brought back to the House by the Secretary of the 
 Senate, together with a report of their action thereon. 
 
 * Since the forty-third Congress the two Houses have been without 
 joint rules; they have, however, observed the requirements of the joint 
 rules then in force, although such rules have no parliamentary status 
 whatever. 
 
Speaker's table, to be taken up in its order under Eule 
 XXIII., Clause 5. 
 Amendment When taken up. the amendment of the Senate may 
 
 of Senate, 
 
 342 BILLS AND MOTIONS. 
 
 United If it has passed with amendment, it is placed on the 
 Speaker's table, tc 
 XXIII., Clause 5. 
 When taken u 
 
 how disposed fog either agreed to, disagreed to, or agreed to with 
 amendment ; in case of an appropriation of money being 
 involved in the amendment, however, it must be first 
 considered in a committee of the whole. If the amend- 
 ment of the Senate is agreed to, that body is notified of 
 the fact by message through the Clerk of the House, 
 and the bill is therefore enrolled. 
 
 Questions on The questions respecting- amendments from one House 
 
 amendments 
 
 H m se n tlier to the other are, first, to agree ; second, disagree ; third, 
 recede ; fourth, insist ; fifth, adhere,* and they take 
 
 Bin lost if precedence in that order. After each House has ad- 
 disagree- 
 ments ad- hered to its disagreement, a bill or resolution is lost. 
 
 Either House may recede from its amendments and 
 
 agree to the bill or recede from their disagreement to 
 
 the amendment and agree to the same absolutely, or 
 
 with an amendment. f In the ordinary course there are 
 
 TWO free at least two free conferences between the Houses before 
 
 before an a n adherence, although either House is free to pass over 
 
 adherence. 
 
 the term of insisting and to adhere in the first instance ; 
 
 but to do so is not considered respectful to the other. 
 
 A motion " to insist," however, takes precedence of a 
 
 Number of motion " to adhere." A Conference Committee consists 
 
 Conference 
 
 Committee, of three members of the Senate, and three members of 
 the House. The report of the committee must be signed 
 by a majority of the members of each House composing 
 the said committee, and may be presented at any time, 
 except when the Journal is being read, while the vote 
 
 * Journals I., 23, page 229; I., 34, pages 1516-1518. 
 t Journals I., 34. page 9-l.> ; I., 35, page 1136. 
 
BILLS AND MOTIONS. 343 
 
 is being called, or the House is deciding on any pro- United 
 position. It cannot be amended or altered, as that of Report ' not 
 another committee may be, nor can it be laid on the to ** altere<L 
 table. When the amendments of the other House have 
 been agreed to, a message is sent to it by the Clerk, and 
 the bill is referred to the Committee on enrolled bills. 
 After having been signed by the Presiding Officers, it is 
 presented to the President, who, if he approves it, signs Bnisentto 
 it; but if not, returns it, with his objection, to that 
 House in which it originated.* On the bill being re- 
 turned, the message is immediately read, and the House veto. 
 proceeds to the consideration. 
 
 The main question in the consideration of a vetoed 
 bill is, ' ' Will the House on reconsideration agree to pass 
 the bill ?" If this question is approved by a majority of Majority of 
 two-thirds of the members present in both Houses, the required to 
 
 pass vetoed 
 
 bill becomes law. In the case of a bill not being re- bm< 
 turned by the President within 10 days (Sundays BUI not 
 excepted) , it becomes law in like manner as if he had President 
 
 within 10 
 
 signed it, unless Congress, by adjournment, prevent its Jjjgjj[ w 
 return, in which case it does not become law.t 
 
 Private bills, as they are called in England, i.e., bills Private 
 
 bills. 
 
 which deal with local and personal interests, are in 
 
 * Journal L, 28, pages 1081, 1084. 
 
 f If Congress adjourns within the 10 days allowed the President 
 for returning the bill, it is lost. His retaining it under these circum- 
 stances at the end of a session is popularly called a " pocket veto." 
 The power of vetoing bills has been sparingly used. Washington 
 vetoed two bills only ; his successsors down till 1830 seven ; and till 
 the accession of President Cleveland in 1885 the total number vetoed 
 was only seventy-seven (including the so-called pocket vetoes) in 
 ninety-six years. In 1886 Mr. Cleveland returned to Congress 115 
 bills in all, of which 101 were pension bills. Though many of these 
 bills had been passed with little or no opposition, only one was re- 
 passed against his veto. " The American Commonwealth," by James 
 Bryce, Vol. I., pp. 73-75. 
 
344 BILLS AND MOTIONS. 
 
 United America treated in the same manner as public bills. 
 a es< Although they do not include all local questions, as 
 many of these are dealt with by the States legislatures, 
 their number is much larger than it is in England, and 
 at least three of the objects included in private legisla- 
 tion in Congress are unknown to us in England. In 
 consequence of the Civil War, great quantities of pen- 
 sions have from time to time been granted, and the bills 
 by which they are confirmed are treated as private 
 bills, and bills for satisfying individual claims against 
 the Government, and for relief from Customs duties, 
 and for carrying out various administrative details, are 
 treated in the same manner. 
 
 Under decisions of Speaker Carlisle, in the forty- 
 eighth, and first session forty-ninth Congress, all bills 
 for the relief of individuals and corporations, such, 
 for instance, as the construction of bridges by a corpo- 
 ration, changing the name or location, or specially 
 affecting a national bank, &c., were held to be private 
 
 bills. - 
 
 State Constitutions. 
 
 state By the constitutions of a good many States, no law 
 
 Legislatures. 
 
 Bills, can be passed except by bill. Bills may generally 
 
 originate in either House of the Legislature, with the 
 exception that in several States money bills must 
 originate in the Lower House, and they may be amended 
 or rejected in the other House, but not in Pennsylvania, 
 Missouri, Arkansas, Texas, Colorado, or Alabama, so as 
 to change the original purpose of the bill. The con- 
 stitutions of most of the States prescribe that 110 law 
 shall relate to more than one subject, and that this shall 
 be expressed in the title ; but in several States if there 
 are other subjects in the bill not embraced in the title, 
 the bill is nevertheless good pro tanto as to those that are. 
 
BILLS AND MOTIONS. 345 
 
 All bills for raising revenue must by the constitutions United 
 of 19 of the States originate in the Lower House. The Eeve ^* e 
 Senate may in 17 States propose amendments, as in buis ' 
 other bills. But no new matter not relating to the 
 revenue can in four (Maine, Vermont, Delaware and 
 Kentucky) be so introduced. In 15 States the governor 
 may veto certain items in an appropriation bill, and 
 allow the others to become law. 
 
 In Louisiana, no appropriation bill can be passed in 
 the last few days of the legislative session. 
 
 The general appropriation bill in Pennsylvania, 
 Arkansas, Colorado, Georgia and Alabama may contain 
 only appropriations for the ordinary expenses of the 
 State in its legislative, executive and judicial depart- 
 ments. So in several for the general expenses of Govern- 
 ment, and in a few for the interest on the public debt, 
 and in others for salaries, &c. 
 
 Other appropriation bills more generally contain no 
 provisions on other subjects. 
 
 The constitutions of several States provide that a 
 bill appropriating money or property for private or local 
 purposes must receive a vote of two-thirds of the 
 elected members of each House (Rhode Island, New 
 York, Michigan and Iowa) . 
 
 In New York and Wisconsin the vote must be taken 
 by yeas and nays, entered on the Journal, and three- 
 fifths of each House are necessary to a quorum. So in 
 two, Virginia and Kentucky, such act must be voted for 
 by a majority of the members elected to each House. 
 
 By the constitutions of Pennsylvania, Missouri, committees. 
 Texas, Colorado, Alabama and Louisiana no bill can be 
 considered for passage unless it has first been referred 
 to a committee and reported thereupon. 
 
 Every bill must ordinarily in most States be read by Reading of 
 
346 BILLS AND MOTIONS. 
 
 United sections on three different days in each House. But in 
 case of urgency,, either House may dispense with such 
 rules on a vote (1) of four-fifths of the members present 
 in Western Virginia, Kentucky and Texas ; (2) of three- 
 fourths in Oregon ; (3) of two-thirds in 10 States. But 
 in Minnesota every bill must have been read at least 
 twice at length in order to pass either House. And 
 every bill in order to become a law must, in many 
 States, viz., Indiana, Michigan, Iowa, Kansas, Western 
 Virginia, California, Oregon, Nevada, Alabama, Florida 
 and Louisiana, have been read at length on its first 
 passage. For private or local bills notice is required to 
 be given in the locality affected, of from 30 to 20 days. 
 In Arkansas and Alabama no bill can become a law 
 
 voting. unless on its final passage it receives in each House a 
 vote (1) of a majority of " each House " ; (2) in Florida 
 and Arizona of a majority of the members present, but 
 in most States of a majority of the members elected. 
 The names of members so voting must be entered in the 
 journals. 
 
 veto power. In all the States, but four, every bill passed by the 
 legislature is to be presented to the governor before it 
 becomes law, and if he approves he is to sign it. So in 
 most States every joint or concurrent resolution, except 
 for adjournment. 
 
 The governor may generally veto a bill by returning 
 it, with his objections, to the House in which it origi- 
 nated. It will then become law : 
 
 HOW vetoed (1) By an ordinary majority vote in each House 
 
 become law. j n Connecticut j 
 
 (2) In eight States by a vote of the majority of 
 
 the elected members of each House ; 
 
 (3) By a vote of three-fifths of the elected members 
 
 of each House in Nebraska and Maryland ; 
 
BILLS AND MOTIONS. 847 
 
 (4) In thirteen States and all the territories by a United 
 
 vote of two-thirds of the members present in 
 each House ; 
 
 (5) By a vote of two-thirds of the elected members 
 
 of each House in nine States ; 
 
 (6) By a vote of two-thirds of the elected members 
 
 of the House which originated the bill, and of 
 a majority in the other House in Missouri. 
 
 In most of the States, if a bill be kept a certain 
 length of time by the governor, without returning it, 
 it will become law except in a case of adjournment by 
 the legislature. By the constitutions of seven States, no 
 new bill can be introduced into either House (1) after 
 the first 25 days of the session (in Colorado) ; (2) in 
 Michigan and California, not after the first 50 days of 
 the session have expired (unless in California by the 
 consent of two-thirds of the members) ; (3) in Arkansas, 
 not during the last three days of the session ; (4) in 
 Maryland not within the last 10 days, except by a two- 
 thirds vote of a full House; in Minnesota no bill can be 
 passed by either House on the day of the adjournment ; 
 and in Indiana none can be presented to the governor 
 within two days of the final adjournment. 
 
 In some States the constitution provides that laws 
 take effect : (1) Immediately on publication (Indiana) ; p er iodwhen 
 (2) on the fortieth day after their final passage effect. 
 (Tennessee) ; (3) on the sixtieth day after (Mississippi) ; 
 (4) on the ninetieth day after (Colorado) ; (5) ninety 
 days after the end of the session (Michigan and six other 
 States) ; (6) on July 1st, after the passage of the law 
 (Illinois); (7) on July 4th following (Iowa). 
 
348 COMMITTEES. 
 
 CHAPTER Y. 
 
 COMMITTEES, 
 
 AUSTRIA-HUNGARY. 
 
 Delegations. According as the Delegations think proper,, Standing 
 
 mentfof" Committees for the consideration of certain kinds of 
 
 ees< business, and Special Committees for particular subjects, 
 
 may be formed by direct selection from the assembly, 
 
 the number of members being decided upon according 
 
 to the circumstances of each case. 
 
 The Verification Committee and the Petition Com- 
 mittee are always Standing Committees, 
 committees Committees are always formed in both Delegations. 
 
 on esti- J 
 
 mates. as SOO n as possible after their first meeting, for the con- 
 sideration of the estimates of the Common Ministry of 
 Finance, of the Court of Accounts and of the Foreign 
 Office, and of the budgets of the Ministers of War and 
 
 May co-opt Marine. The committees choose from their own number a 
 
 members. 
 
 Chairman, Deputy Chairman and one or more Secretaries, 
 and they are empowered, if they think fit, to call in, to take 
 part in their deliberations with the right of voting, such 
 members of the whole assembly as they believe to be 
 possessed of a special knowledge of the subject. Any 
 delegate, although he is not a member of a committee, 
 
COMMITTEES. 349 
 
 may be present at its sitting. All members chosen to Austria- 
 serve on a committee are required to appear regularly 
 at its sittings, and if any member is absent for three 
 consecutive meetings without sufficient excuse, the Chair- 
 man must take care that a fresh member is appointed in 
 his place, but no deputy who is already serving on two 
 committees can be nominated against his will. 
 
 The members of the joint ministry are entitled to Attendance 
 
 . . of ministers. 
 
 attend the committees for the purpose of giving ex- 
 planations and information with regard to government 
 measures, or any ether matters which may be under 
 discussion, but without the right of being present at 
 the final deliberation or of voting. The committees 
 have also the right of applying, through the President 
 of the Delegation, to the government for information, 
 and of inviting its members to attend their sittings, but 
 in every case the ministers may be represented by a 
 deputy. 
 
 The government can also be asked by a committee, 
 through its President, to take the initiative in collecting 
 evidence for the purposes of their inquiry. 
 
 In order to form a quorum more than half the Quorum, 
 members of a committee must be present, and an 
 absolute majority is necessary for the passing of a 
 resolution, the chairman voting when the votes are equal. 
 
 The committee selects one of its members to act as Reporter. 
 reporter and to prepare the report for the House. 
 
 If, in laying a proposal before the Delegation, a Minority 
 minority of at least three members wishes to register 
 its special opinion, it may be included in the report ; but 
 the making of the report is not to be delayed thereby, 
 and the report shall specify the name of the member 
 who is to bring such special opinion before the 
 Delegation, 
 
350 COMMITTEES. 
 
 Austria- In cases where the decision on a main question 
 
 depends on that of some preliminary question, the com- 
 mittee may lay before the Delegation a proposal to 
 decide such preliminary question, and further delibera- 
 tion shall be then suspended until its settlement. 
 Austria. In the Reichsrath the nine sections are chosen by 
 
 Sections. J Q ^ ^ ^ Q ^Qg^^^g o f Q^C^ session, in as nearly equal 
 
 numbers as possible, by the Bureau of the House, and 
 new members are added in the same way. Each section 
 elects a chairman, vice-chairman and two secretaries. 
 
 committee, Committees are formed for previous deliberation on 
 the orders of the day, either by the sections of the 
 House, the whole House, or both together. In the first 
 case each section elects one or more members of the 
 Chamber at large, and is not confined in its choice to its 
 own members. 
 
 The number of members of committees, when they 
 are elected by the whole House, is determined by the 
 House in each separate case, and the committees organise 
 
 Certain themselves in the same manner as the sections. Thev 
 
 members of 
 
 mSteto are a ^ frk er ty * admit to their sittings with a delibera- 
 committee. ft yQ VQ ^ Q guc | 1 mem i3 ers O f the House as are believed to 
 
 be especially conversant with the subject under discus- 
 sion ; otherwise no deputy, who is not a member of the 
 committee, has a right to attend its sittings, with the 
 exception of the President of the House, who may be 
 present at any time^ but without the right of voting. 
 Any mem- Any member^ however, may attend the debates of the 
 attend committees which are formed for the consideration of 
 
 budget 
 
 committees. the Budget, the Finance Bill, and the recruiting Bill, 
 unless the committee^ by a majority of two-thirds of the 
 number present, decides upon sitting with closed doors. 
 
 Minutes of The minutes of a committee, when agreed to by its 
 members, are signed by the chairman and secretary, and 
 
COMMITTEES. 351 
 
 are then presented to the President of the House, or to a Austria- 
 Hungary, 
 member of its Bureau named for this purpose by the 
 
 President. They contain the names of all members 
 of the committee, present or absent, with the reasons 
 of the absence of the latter ; all the motions and resolu- 
 tions made in the course of the debate; and, if the 
 committee desire it, an abstract of the proceedings. 
 Whether the minutes are published or not depends upon 
 the wish of the committee. Every member of a com- AH mem- 
 
 / m bers bound 
 
 mittee is bound to attend its sittings, unless he is ill or to attend - 
 engaged in another committee. If he stays away from seat vacated 
 
 by absence. 
 
 three consecutive sittings without any sufficient excuse, 
 he is considered as having resigned, and the House, on 
 being informed thereof, proceeds at its next sitting to 
 fill up the vacancy. If a member obtains leave of 
 absence for a longer period, he is likewise held to have 
 resigned his seat, and a new election takes place. 
 
 The ministers and the heads of central boards have -Ministers 
 
 may attend 
 
 the right to attend committees, in order to give explana- committees, 
 tions and information, but they are not allowed to be 
 present at the final debates. The committees have also 
 the power of requesting, through the President, their 
 attendance for the same purpose, and also of asking 
 them to collect evidence, and to furnish written opinions 
 on the subject under consideration. 
 
 Whilst the discussion of a question is proceeding, m - e d - 
 amendments of all kinds may be presented to the House, 
 which refers them to the committee ; but after the final 
 vote of the committee is taken, no more amendments can 
 be proposed. 
 
 Each committee is competent to pass resolutions if Q Qorum - 
 more than half of its members are present, each resolu- 
 tion being carried by an absolute majority of the 
 members present. Except where the numbers in a 
 
352 COMMITTEES. 
 
 Austria- division are equal,, the chairman lias no vote. A com- 
 vote of ' m ittee can at any time modify its resolutions before its 
 chairman. re -p rt lias been made to the House ; but the number of 
 
 Resolutions c 
 
 modified votes by which the amendment of a resolution is passed 
 must never be smaller than the number by which the 
 resolution was originally carried. The committee appoints 
 a reporter, who collects the result of its deliberations 
 into a report, and speaks in the House on behalf of the 
 
 Reporter, resolutions of the majority. If a minority of the corn- 
 
 minority. mittee, consisting of at least three members, is desirous 
 of giving its opinion, it has the right of drawing up a 
 separate report. This report, which is signed by the 
 reporter of the minority, must be presented to the Pre- 
 sident in sufficient time to enable him to have it printed 
 together with the report of the majority. Should the 
 vote of a committee on the principal question depend on 
 a previous question, which might be decided in different 
 ways, the committee is allowed to lay before the House 
 a motion for the decision of this previous question, 
 and to proceed with its further deliberations after such 
 decision. 
 
 commftfees ^ n ^ ne Upper House there are three Standing Com- 
 mittees, viz., for Political Subjects, Justice and Finance, 
 
 which are chosen at the commencement of the session, 
 and usually consist of nine members, but more may be 
 added if necessary. 
 
 Committees to which the House resolves to refer par- 
 ticular questions during the term, of the session, are also 
 regarded as Standing Committees. 
 Committee If the House finds it advisable to have a general 
 
 of the whole 
 
 House. preliminary discussion, it can resolve itself into a com- 
 mittee of the whole House. For this purpose the Pre- 
 sident must close the regular sitting and leave the chair 
 for a short time, during which all persons who are not 
 
COMMITTEES. 353 
 
 members of the House or representatives of the Govern- Austria- 
 ment must leave the Chamber. The President then 
 takes the chair, and, so long as at least 20 members are 
 present, the business is proceeded with in the order 
 determined by the committee, a member is chosen to 
 draw up a report, and every person present is expected 
 to preserve strict silence respecting the business which 
 has been transacted. 
 
 With this exception, the rules with regard to com- 
 mittees appear to be almost identical in the two Houses. 
 
 HUNGARY. 
 
 After the House has been constituted, nine judicial 
 committees, for the trial of election petitions, are elected 
 by ballot, consisting each of seven members, against 
 whose return no objections have been raised. 
 
 The Standing Verifying Committee (which is chosen 
 from the nine classes in which those members who have committee, 
 presented their certificates of return are distributed 
 before the constitution of the Chamber) elects its own 
 President, Secretary and Reporter, and in order to ensure 
 the validity of its proceedings, it is necessary that at 
 least five members should be present, and that every Quorum, 
 resolution should be carried by an absolute majority. 
 
 The elected members of the -judicial committees take Oath taken 
 
 by members 
 
 the following oath, in the centre of the room, standing 
 
 before the presidential chair in open sitting : " I , 
 
 " swear, that in the matters relating to the elections of 
 " representatives to be discussed before me, I will act 
 " according to the standing rules of the House, and 
 " within the sphere of my duty as expressed in them, 
 " and without prejudice or ulterior consideration that 
 
 -V 
 
354 COMMITTEES. 
 
 Hungary. " I will employ my whole efforts in discovering the 
 "truth, and according to my legal and conscientious 
 " conviction will give a true verdict. So help me, 
 God." 
 
 Distribution The election petitions and the certificates of return 
 
 of petitions, 
 
 etc. which have been referred fcJr further consideration are 
 
 then distributed by lot, by the President of the House, 
 amongst the different judicial committees, who, as well 
 as the Standing Verifying Committee, are summoned by 
 him to meet on the following day. Any objections which 
 may arise with regard to the constitution of the judicial 
 committees are referred to, and decided by, the Standing 
 Committee. 
 
 Election When petitions against an election have been signed 
 
 by at least 10 electors, not including the unsuccessful 
 candidate, the parties on both sides are entitled to appear 
 by their counsel and agents before a judicial committee 
 in support of their respective cases, the sitting member 
 never being allowed to appear in person in lieu of 
 appointing an agent. 
 
 On the day appointed, the judicial committees con- 
 sider the cases which have been referred to them, and 
 
 Appointment if the evidence forthcoming is insufficient, they can 
 
 of a coramis- 
 
 appoint commissioners for the purpose of visiting the 
 neighbourhood to collect additional information. 
 
 The report of a judicial committee to the House is 
 final, and when a member is unseated a new election is 
 immediately ordered. 
 Nomination Besides the judicial committees, the House is divided 
 
 of sections. . . ... 
 
 by lot, immediately after its constitution, into nine sec- 
 tions, and at the same time the following 12 Standing 
 Twelve Committees are elected for the period of one session 
 
 Standing 
 
 committees, (i) Justice ; (2) Finance; (3) Communications; (4) 
 Education; (5) Petitions; (6) Economic; (7) Journals; 
 
COMMITTEES. 355 
 
 (8) Militia (homed); (9) Library; (10) Protection; (11) Hungary, 
 and (12) Accounts. 
 
 The 6th, 8th, 9th, and llth committees consist of 
 seven, the 7th of 25, and the other committees of at least 
 15 members each. 
 
 In addition to these Standing Committees, the House 
 can appoint other committees for special purposes. 
 
 The sittings of these committees are public for 
 members of the House, and for this reason notice of the 
 time of their sittings is to be given at the table of the 
 House. 
 
 The sections and committees elect out of their own 
 body, by an absolute majority, a permanent President 
 and Secretary. 
 
 Any member of the House, although not a member 
 of the committee, may, during the course of the dis- 
 cussion by a committee of any proposal in the nature of 
 a law referred to it for preparatory consideration, lay 
 before the President a motion or an amendment, and if 
 it is referred to the committee, he is permitted to take 
 part in the discussion, but without a vote if he is not a 
 member of the committee. 
 
 The sections or committees cannot refuse to consider Sections and 
 
 committees 
 
 anv bills which have been laid before them by the mu s fc con- 
 
 J J sider all 
 
 Government. When any Standing or Special Com- ^ ernment 
 niittee presents its report to the House, the mover of the 
 motion, or the reporter of the committee, may propose 
 that the question be placed on the order of the day 
 without referring it to the sections, and the House 
 decides on the motion, if it is supported by two 
 members. 
 
 As soon as the sections have finished their dis- Nomination 
 
 , (. . of reporter. 
 
 cussion, they nominate a reporter tor every subject, 
 hand over to him the minutes relating to it, and give 
 
 2 A 2 
 
356 COMMITTEES. 
 
 Hungary, notice thereof to the President of the House,, through 
 their own President. 
 
 Formation When this notification has been given on the part of 
 
 committee, five sections, the President of the House summons the 
 reporters to form a central committee, and also informs 
 the remaining sections. The chair of this central com- 
 mittee is occupied by the President of the House, or one 
 of the Vice-Presidents appointed, by him, but without 
 the power of voting. 
 
 Having heard the opinions of the various reporters, 
 the central committee appoints a reporter, whose duty 
 it is to support the views of the committee in the 
 House. 
 
 The report of the central committee having been 
 printed and circulated, is placed on the order of the 
 day within at least three days. The House can refer 
 the matter back to the central committee or to the 
 sections, for a fresh discussion, and in this case the 
 sections can nominate fresh reporters. 
 
 sub-com- The Standing as well as the Special Committees of 
 
 mittees. 
 
 the House may be divided into sub-committees which 
 can submit reports through their respective reporters, 
 and the views of the minority or any single member of 
 the committee can be submitted at the same time, either 
 verbally or in writing. 
 
 If any committee is unable to hold a sitting upon 
 two consecutive occasions, by reason of the non-appear- 
 ance of the proper number of members, the President 
 announces it to the House, with an intimation of the 
 names of the members who have not appeared, and the 
 House, if it thinks fit, fills up the deficiencies in the 
 committee by supplementary elections. 
 
 Procedure as The reports or proposals of the Special Committees, 
 along with the additional opinions of the minority, 
 
COMMITTEES. 357 
 
 having been printed, are placed, except in extraordinary Hungary, 
 cases, on the order of the day within three days, or are 
 referred to the sections. The ministers, or persons 
 appointed by them, have the right to be present at all 
 the meetings of the sections and other committees. 
 
 A committee of nine members is also nominated 
 every session to consider and report upon cases of in- 
 compatibility,* i.e., where deputies have been elected, 
 who hold some permanent or other appointment, which, 
 according to law, may incapacitate them from taking 
 their seats as members of the House. 
 
 The members who have been elected on the com- committee 
 
 u "cases of 
 
 mittee take the following oath in open sitting: 
 
 " I , swear, that in the cases of incompatibility 
 
 " that are to be brought before me, I will act accord- 
 <( ing to the established rules of the House, within the 
 
 * The cases of incompatibility are fixed by Law I. of the year 1875, 
 sections 1, 2, 3 and 8. 
 
 SECTION I. Xo member of the Honse of Deputies can hold a place 
 or appointment which is directly or indirectly filled up by the 
 Crown, by the Government, or by the Organs of the Govern- 
 ment, and to which any salary or remuneration is attached, with 
 the following exceptions ; 
 
 (1) Ministers; 
 
 (2) Under Secretaries of State ; 
 
 (3) Directors of the public institutions of the country at Buda- 
 Pesth ; 
 
 (4) The President, Vice-President, and Members of the Public 
 Works of Buda-Pestli ; 
 
 (">) Members of the Council of Public Education and Board 
 of Health ; 
 
 (6) Professors of Universities : 
 
 (7) Special Commissioners whose mandate is not of a definitive 
 or permanent character, and to whom no regular salary 
 is paid, if the House of Deputies accords them leave of 
 absence. 
 
 SECTION" 2. Xo member of the House of Deputies can be a 
 
 (1) Member on active service in the army, navy, or the Honved 
 (Hungarian military force) ; 
 
358 COMMITTEES. 
 
 Hungary, ft gphere o f the trust confided to me, and without pre- 
 ee judice and ulterior considerations ; and that I will 
 " employ all my efforts to discover the truth. So help 
 " me, God." 
 
 Quorum. The committee elects its own President and Secre- 
 
 tary by ballot, and for a valid decision the presence of 
 five members is necessary. 
 
 No deputy who is elected to serve on the committee 
 can refuse to act, but a member of the committee is 
 debarred from taking part in its proceedings on the 
 case of any deputy with whose election he has been 
 connected in any way, directly or indirectly. 
 
 (2) Or party to a contract with the State involving profit or 
 loss ; 
 
 (3) President, manager, director, legal adviser or clerk of a 
 banking house which on the basis of a contract is in per- 
 manent business relations with the State ; 
 
 (4) The owner of the concession, the president, vice-president, 
 director and clerk of a railway or canal undertaking, so 
 long as the construction of such railway or canal is not 
 concluded and the claims arising from the supervision are 
 not entirely settled ; 
 
 (5) A Crown pensioner of any description. 
 
 SECTION 3. It is incompatible with being a member of the House 
 of Deputies to be 
 
 (1) A functionary of the municipalities and parishes ; 
 
 (2) A teacher of the elementary, secondary, and civil schools ; 
 
 (3) A member of the monastic orders with the exception of 
 the Cistercians, Benedictines, and Piarists ; 
 
 (4) To have been sentenced for crimes fixed in Section B of 
 the Law on Elections ; 
 
 (5) To have their allowance as members seized by a decree of 
 the civil court, such seizure not being twice within three 
 months. 
 
 SECTION 8. Should a member of the House of Deputies be 
 nominated by the State for a post which is compatible with 
 being a member, he will be obliged to undergo a fresh election. 
 (Extract from a letter from M. Briill, H.B.M.'s Vice-Consul at 
 Buda-Pesth.) 
 
COMMITTEES. 359 
 
 The committee hears the sitting member in defence Hungary, 
 of his seat, and also the person who has lodged the 
 notification of incompatibility. At the conclusion of the 
 discussion, the room is cleared that the committee may 
 come to a decision, which is afterwards communicated 
 to the public by the President of the committee, and 
 reported to the House. 
 
 In the House of Magnates, the rules merely refer to 
 committees, without fixing their quorum or specifying 
 their nature. 
 
 BELGIUM. 
 The Assembly is divided by lot into six sections, Formation 
 
 of sections* 
 
 consisting of 22 members each, which are renewed every 
 month in the same manner. 
 
 Each section, after having named its President, Their duties. 
 Yice-President and Secretary, examines the proposals 
 and amendments which are sent to it, following the 
 order indicated by the Chamber, and at the conclusion 
 of its labours nominates a reporter, who is elected by 
 an absolute majority of votes. 
 
 When two- thirds of the sections have terminated Appointment 
 the inquiry, the reporters named by them give notice section, 
 to the President, who assembles them under his own 
 presidency in a central section, after having warned the 
 sections which are still in arrears. The central section, 
 by an absolute majority, appoints one of its members 
 to make the report to the Assembly. This report con- its report 
 tains, in addition to the analysis of the deliberations of 
 the sections and of the central section, the resolutions 
 which have been agreed to. It is printed and circulated 
 at least two days before the discussion in the General 
 Assembly, unless the Chamber decides otherwise, The 
 
360 COMMITTEES, 
 
 Belgium. Chamber chooses for the duration of each session two 
 
 Permanent Committees, viz. : A Committee of Finance 
 
 manent 
 
 nominated? an ^ Accounts, and another on Agriculture, Industry and 
 Their compo- Commerce. They are composed of seven members each, 
 
 sition and _..., 
 
 duties. or of a greater number if it is thought convenient, and 
 are nominated by ballot and by ie bulletin de liste " with 
 an absolute majority. Their duties are to furnish the 
 Chamber with any information which it may require on 
 any proposal which is especially within their cognizance, 
 to examine and report 011 any questions which may be 
 referred to them, and to frame resolutions with regard 
 to them for the consideration of the Chamber. 
 
 committee Every month each section names one of its members 
 
 of petitions. 
 
 to form the committee of petitions. Independently of 
 the above-mentioned committees any others may be 
 formed for the examination of motions in whatever 
 way commends itself most to the approval of the 
 Chambers. Each committee names its own Chairman, 
 Secretary, and Eeporter. The reports are printed and 
 circulated at least three days before the discussion of 
 the question in the General Assembly, unless the House 
 otherwise orders. Where the author of a motion does 
 not happen to be a member of the committee which is 
 charged with its consideration, or of the central section, 
 he is permitted to be present at the sitting of either 
 body without a deliberative voice. 
 Division of The Senate is divided into as many committees as 
 
 Senate into . , . . , . , n -n i 
 
 committees, there are ministerial departments. Each committee is 
 composed of an equal number of members, but if there 
 are any over and above, they are added in the following 
 order to the committees which deal with the respective 
 subjects, viz. : Home, Justice, Finance, Public Works, 
 Foreign Affairs, and War. The members are nominated 
 in secret ballot, by the " bulletin de liste," and accord- 
 
COMMITTEE?. 361 
 
 ing to the relative plurality of the votes. When two BelgiTim. 
 members have an equal number of votes the elder is 
 chosen. In other respects the rules respecting com- Rules as to 
 
 * committees 
 
 mittees are the same as they are in the Lower House, mboth 
 
 ' Houses 
 
 with the exception that the President of the Senate pre- fj^JLa 
 sides by right over the committee of which he is a 
 member and the two Vice-Presidents occupy the same 
 position in the committees on petitions and naturaliza- 
 tions respectively. 
 
 A permanent committee on Agriculture. Commerce Permanent 
 
 r > 3 Committee 
 
 and Industry, composed of nine members, one from each 
 province, is formed at the commencement of each 
 session, and the Senate can at any time nominate special 
 committees on special subjects. 
 
 DENMARK. 
 
 In the Danish Folkething, or Lower House of the standing 
 Rigsdag, four Standing Committees are nominated at nominated. 
 the beginning of each session, viz. : (1) A committee for 
 the management of the business of the House, consisting 
 of the two Vice-Presidents and four other members ; 
 
 (2) A committee of petitions, composed of nine members ; 
 
 (3) A committee of seven members for the examination 
 of all election returns which have not been decided upon 
 by the sections or the House; and (4) A committee for 
 the consideration of the " State revision," consisting of 
 five members. By " State revision " is meant the revision 
 or audit of the public accounts for the last financial year 
 (1st April 31st March). This audit is made by four 
 State revisers or auditors, who are elected for each 
 financial year by the Landsthing and the Folkething, 
 two by each House, of which they may be members or 
 not, as the case may be. They receive a yearly salary of 
 
362 COMMITTEES. 
 
 Denmark. 2,400 kroners (about 133) each. It is the duty of these 
 auditors to inquire into the reason for any excess on the 
 estimates in the annual budget. Each House nominates 
 a special committee to receive their report. The auditors 
 divide the work among themselves, but give a joint 
 report to the two Houses through their committees. 
 Having received the reports of their committees, each 
 House resolves as to whether the ministers are to be 
 made responsible for any faults which may have been 
 discovered in the accounts or whether a discharge may be 
 given them. A discharge cannot be given them if the 
 Houses disagree. Motions from the General Business 
 Committee, and the Committee for the consideration of 
 the State Eevision as far as they do not relate to 
 petitions are submitted to two readings, those of the 
 former being subject to the rules for the first and second 
 reading of bills, and those of the latter to the regula- 
 tions for the second and third readings. Proposals from 
 the General Committee of Elections are read only once. 
 
 special Special committees for the consideration of bills. &c., 
 
 committees 
 
 appointed are formed as occasion requires, in both Houses of the 
 
 in both. 
 
 Houses. Legislature ; but though it is stated in the rules of the 
 Landsthing, or Upper House, that it has power to 
 appoint permanent committees, as well as committees 
 for special cases, there is nothing to indicate the sub- 
 jects in connection with which it is usual to nominate 
 them. 
 
 Committees always consist of an uneven number of 
 members, which may at any time be increased, since the 
 committees themselves have power, with the consent of 
 the House, to add to their number. Each committee 
 elects a chairman, and a spokesman who proposes the 
 report, which must be printed and circulated at least 
 three clear days before it is dealt with in the House. 
 
COMMITTEES. 363 
 
 FRANCE. 
 The eleven Sections or Bureaux into which the Division of 
 
 Chambers 
 
 Chamber of Deputies is divided by lot, are re-chosen into sections. 
 every month in the same manner. They regulate their 
 business according to the orders of the day as fixed 
 (arretes) by the Chamber, and choose their own Presidents 
 and Secretaries by ballot. No vote, however, is valid Quorum, 
 except at least a third of their members is present. 
 
 Except in case of urgency, the discussion on bills and 
 proposals cannot be opened until 24 hours after their 
 distribution. At the termination of the discussion each Nomination 
 Bureau names one of its members to serve on the 
 committee. 
 
 According to the nature of the measure to be con- increase of 
 sidered the committee can, at the will of the Chamber, "committee. 
 be increased from 11 members to 22 or 33. 
 
 At the time of the committal of a bill (projet de loij 
 or proposal (proposition) to the Bureaux for their con- 
 sideration, the Chamber can, on the demand of one of 
 its members, decide that the nomination of the members Nomination 
 of the committee shall be made by ' { scrutin de liste," tees. 
 either in the whole House or in the Bureaux. When the 
 nomination is remitted to the Bureaux, the ballots are 
 opened and the result declared in each Bureau. The 
 general summing up is managed by the first Bureau 
 and transmitted to the President of the Chamber who 
 declares the result. A committee already formed can 
 have other proposals (propositions) and bills (projets de 
 loi) referred to it by the Chamber. 
 
 At the commencement of each session the Bureaux committee 
 
 of Accounts 
 
 nominate for the entire year a committee of 1 1 members chamber, 
 to superintend the accounts of the Chamber. At each of 
 renewal of the Bureaux, four monthly committees a 
 
364 COMMITTEES. 
 
 France. named, viz. : One, known by the title of the " Com- 
 " mission d'initiative," and consisting of 22 members, to 
 which every bill emanating from a deputy is referred by 
 the Chamber, and which is charged to report as to whether 
 it should be taken into consideration; another of 11 
 members whose duty it is to examine all bills relating to 
 communal and departmental interests ; the other two 
 being the committees of petitions and applications for 
 
 Budget leave. A committee of 33 members, nominated by the 
 
 committee. 
 
 Bureaux, is charged with the examination of the law of 
 revenue and expenditure. To this committee are sent 
 (1) all bills demanding supplementary or extraordinary 
 credit, relating to financial periods,* exercices courants 
 clos ou perimeSj and (2) all bills or proposals which affect 
 the receipts or expenditure of the State. The presence 
 of 17 members at least is necessary for the validity of 
 their votes. In the event of its being impossible to take 
 a vote, on account of an absolute majority of the 
 members not being present, a second voto is taken at 
 
 * " L'exercice est le periode d'execution des services d'un budget j 
 " sont senls considered comme appartenant a un exercice, les services 
 " faits et les droits acquis du ler Janvier au 31 decembre, de 1'annee 
 " qui lui donne son nom" (Traite Pratique de droit parliamentaire par 
 M. Poudra, page 195, note). I am indebted to M. Brentano, of the 
 French Finance Department, for the following information on the same 
 subject : " Cela veut dire qu'on renvoie a la Commission du Budget les 
 " projets deloiportant ouverture de credits credits destines a completer 
 " le budget en cours d' exercice (exercice courant) credits destines a solder 
 " les depenses comprises dans les budgets des exercices clos, c'est a dire 
 " des exercices anterieurs dont les depenses ne sont pas encore atteints 
 " per la peremption (prescription quinquennale) les creances centre 
 " 1'Etat non liquidees et non payees sont presented dans un delai a de 5 
 " ans a partir de 1'ouverture de 1'exercice) credits destines a solder les 
 " depenses comprises dans les budgets des exercises perimds, c'est a dire 
 " des exercices dont les depenses sont atteintes par la peremption (pre- 
 " scription quinquennale) les depenses qui font 1'objet de ces derniers 
 " projets de lois de credits sont des depenses qui par des motifs par- 
 " ticuliers echappent a la peremption." 
 
COMMITTEES. o65 
 
 the next sitting when the relative majority is sufficient France, 
 without reference to the number voting. At this second 
 sitting the names of the members present, excused and 
 absent, will be inserted in the minutes. The second 
 sitting may take place after an adjournment on the 
 same day. At the time of the presentation of the bills 
 of supplementary or extraordinary credits, these 
 measures are referred to the committee on whose report 
 the last law of receipts and supplies was voted. These 
 bills (projets de loi) and proposals (propositions) can 
 always be referred to a special committee, which reports 
 on the whole of the measure, but without the power of 
 proposing the imposition of any credits. If its conclu- 
 sions are favourable to the proposal, they are communi- 
 cated to the Budget Committee, which within 10 days 
 reports its opinion on the imposition of the credit. 
 
 Committees elect each its own Chairman, Secretary 
 and Beporter, and the names of all members present are 
 inserted in the minutes of each meeting. No committee 
 can vote on any question unless an absolute majority 
 of its members is present. The report on a bill or 
 proposal is made at the public sitting of the Chamber, 
 and read if required, being printed and circulated at 
 least 24 hours before the discussion. The Chamber 
 devotes one day a week, Wednesday, to the business of 
 committees. 
 
 The Senate is divided into nine Bureaux, which are Bureaux of 
 chosen every month by lot, and their functions are the 
 same as those of the Lower Chamber. Contrary, how- 
 ever, to the rule in that Chamber, the Bureaux of the 
 Senate have no quorum; the ancient rule is therefore 
 applicable to them, and they can vote even if a majority 
 of their members is not present ; but in case of an 
 election by " scrutin de liste '' by the Bureaux, the vote 
 
366 
 
 COMMITTEES. 
 
 France. is not valid unless an absolute majority of the Senate is 
 present. 
 
 The committees are appointed in the same manner 
 as in the Chamber of Deputies, but vary in the number 
 of their members, the Committee of the Initiative and 
 the Budget Committee having each 18 members, while 
 the others contain nine each. 
 
 Standing 
 committees. 
 
 Permanent 
 committees 
 appointed. 
 
 GERMANY. 
 
 The Federal Council, which combines the functions 
 of a legislative assembly with those of a permanent 
 executive body, appoints nine committees, viz. : Army, 
 Navy, Customs and Taxes, Commerce and Trade, 
 Railways, Posts and Telegraphs, Justice, Statistics, 
 Foreign Affairs, and Alsace-Lorraine, which are chosen 
 at the commencement of every session. Eepresentatives 
 of at least four States of the Empire have seats on each 
 committee. Each State has only one vote. In the 
 Committee on the Army, Bavaria has a permanent seat ; 
 the other members of this committee are nominated by the 
 Emperor, as well as those composing the Committee on 
 the Navy. The members of the other committees are 
 chosen by the Federal Council. The committees are 
 renewable each year for the whole session of the 
 Council, the retiring members being eligible for re- 
 election. The Committee on Foreign Affairs is com- 
 posed of the representatives of the kingdoms of Bavaria, 
 Saxony, and Wurtemburg, and of two representatives of 
 the other States, chosen every year by the Federal 
 Council. The presidency of the committee belongs to 
 Bavaria. 
 
 Besides the permanent election committee, six other 
 committees are chosen from the sections, for the con- 
 
COMMITTEES. 367 
 
 sideration of the business which relates to (1) the Rules Germany, 
 of the House ; (2) Petitions ; (3) Commerce and Trade ; 
 (4) Finance and Customs ; (5) Justice ; and (6) the 
 Budget, and other select committees may be chosen as 
 often as the necessity arises. All the sections choose equal 
 numbers of their members for a committee by written 
 votes, and an absolute majority is necessary. The com- Quorum, 
 mittees elect their own chairmen and secretaries, and 
 are competent to pass resolutions, if at least half the 
 
 number of their members are present. At the close of Nomination 
 
 . ofa 
 
 their deliberations a reporter is elected, whose duty it is ^porter. 
 
 to draw up a report of the views and proposals of the 
 committee. This report is printed and circulated at 
 least two days before the general discussion takes place. 
 A viva, i-oce report can be made, unless the House should 
 demand a written report in each case. 
 
 In all cases where a motion has been referred to a 
 committee, the mover, or when there are several signa- 
 tures, that member who has signed his name first, can 
 take part in its deliberations with a deliberative vote. 
 
 Petitions relating to the question which is referred Petitions 
 
 7 . . referred. 
 
 to a committee are sent to that committee, but if they 
 have already been referred to the Committee on Peti- 
 tions, only on the motion of the latter. The contents of 
 the different petitions are circulated among the members 
 once a week in a tabular form. A discussion takes place 
 only upon such as have been recommended for that 
 purpose by the committee, or by 15 members of Parlia- 
 ment. If the proposal proceeds from the committee, it 
 has to draw up a report on the petitions. In any case 
 the decision of the House must be given. 
 
 The members of the Federal Council and its dele* Right of 
 
 . . . members of 
 
 gates have the right of assisting at the meetings of the the Federal 
 
 > Council to 
 
 sections aiid committees, and have a deliberative vote. attend - 
 
368 COMMITTEES. 
 
 Germany, rphe Chancellor must be informed of their meetings and 
 Message sent of the questions which are under discussion. The com- 
 
 to President . a . 
 
 on conclusion niittees and sections issue regulations about their orders 
 
 of a debate in 
 
 a committee. of the dav ^ and fa G president has the right to fix the 
 days for the sitting of the section. On the conclusion 
 of the debate upon a question in a committee, notice 
 thereof is sent to the president, whereupon he fixes a 
 day for its discussion in the House. 
 
 GrKEECE. 
 
 committees. After the election of the regular President, the 
 House proceeds to the election of 12 committees, on 
 
 the following subjects, viz. : Budget ; Finance ; Home 
 Office ; Agriculture, Commerce and Public Works ; 
 Navy ; Education ; Ecclesiastical Affairs ; Justice ; 
 Army; Foreign Affairs; Petitions, and the Accounts 
 of the House. These committees are permanent during 
 the session, and are composed, the first of 21 members, 
 and the rest of nine each. 
 
 Budget The committee on the budget also examines the 
 
 revenue and appropriation accounts of the previous 
 year. 
 
 committees, The committees are elected by secret ballot, by a 
 relative majority, and by means of ballot papers, 011 
 each of which the names of two-thirds of the deputies 
 to be elected must be inscribed. 
 
 Every committee elects a chairman and secretary 
 from its own members, as well as a reporter on every 
 measure which is referred to it. 
 
 The report includes the opinions of both the majority 
 and minority, and concludes with a formal motion, and 
 it must be printed and circulated to members before 
 the commencement of the debate in the House. No 
 
COMMITTEES. 369 
 
 member can belong to more than three committees at Greece, 
 the same time. 
 
 The Budget, on being submitted to the House,, is printed The Budget, 
 and circulated to members, and referred to the special 
 committee appointed for the purpose, to examine clause 
 by clause, without any previous debate on its principles. 
 
 Should a request be made to the House under Prosecution 
 
 of ft mcmbcrt 
 
 Article 63 of the Constitution, for leave to prosecute 
 a member; it must be referred to the committee on 
 justice to report upon to the House, which will decide 
 on the course to be pursued on receiving the report. 
 
 The committee on the accounts of the House shall 
 form an estimate, showing all the expenses, which it 
 shall submit and get ratified at the commencement of 
 each session. It also has to examine and pass the 
 accounts of the treasurer of the House. 
 
 The President and 10 members elected by lot, Grand 
 
 J ' Committee. 
 
 together with the Vice-Presidents and secretaries, shall 
 compose the grand committee : and the President. Vice- Minor 
 
 Committee. 
 
 Presidents and secretaries, the minor committee for 
 presenting addresses to the King. 
 
 After the election of the President, the House elects, committee 
 
 ' _ J on Address. 
 
 according to Rule 51, a committee of nine to draw up 
 the reply to the Royal speech. 
 
 ITALY. 
 The Italian Chamber of Deputies is divided by lot DiTision of 
 
 Chamber 
 
 into nine sections or Bureaux, which are renewed every into sections. 
 two months in the same way. Each Bureau nominates 
 its President, Vice-President, and Secretary by an abso- 
 lute majority, and to ensure the validity of its proceed- Quorum, 
 ings at least nine deputies must always be present. 
 
 Every Bureau examines the motions and amendments 
 
 2 B 
 
370 COMMITTEES. 
 
 Italy. that are sent to it, in the order indicated by the Presi- 
 Nomination dent. At the conclusion of the examination it nominates 
 
 of Keporter. 
 
 a reporter. When two-thirds of the Bureaux have 
 nominated their reporters, the latter assemble in a 
 Central Bureau, state the opinions of each Bureau, and 
 discuss together the proposals to be made to the 
 Nomination Chamber. At the termination of the discussion they 
 
 ot Hepoitur 
 
 Bumm* 1 n ominate by an absolute majority a Reporter, who makes 
 a report to the House, which must be printed and dis- 
 tributed at least 24 hours before the public debate takes 
 place, unless otherwise ordered by the Chamber, or 
 unless the procedure of reading the Bill three times is 
 followed according to Article 58. 
 
 Author of a When the author of a motion is not a member of the 
 
 motion may t .,., i i i i 
 
 be ^resent at committee which is charged with its examination, he has 
 
 the in eel ings 
 
 nlittee c m " tne right f being present at the sitting, but without a 
 deliberative voice. Any deputy can forward to the 
 committees amendments or additional clauses to bills, 
 and can ask or be requested to come to explain the 
 reason of the proposed alteration in their presence. The 
 committee will give notice of it to the Chamber in their 
 reports. Committees are subject to the same rules as 
 the Bureaux with regard to the distribution of their 
 
 Three Per- reports. The Chamber also nominates three permanent 
 
 manent . 
 
 Committees committees, for the whole session viz., one for the 
 
 nominated. 
 
 examination of the budget, of 36 members; one for 
 petitions, of 18 members; and one for the examination 
 of the decrees and mandates registered with reserve 
 (registrati con riserva) by the Court of Accounts, of nine 
 members. The Chamber also nominates the Library 
 Committee, as well as other committees, as prescribed 
 committees, by certain special laws.* The nominations of these 
 
 how nomi- 
 nated. ___ 
 
 * Jvcgolameuto della Camera del dcputati, p. 8. 
 
COMMITTEES. 371 
 
 committees are made by secret ballot,, unless the Cham- Italy, 
 ber decides otherwise. If the first voting is without 
 result, the second is made by ballotage. 
 
 After the nomination of its officers, the Senate is Division of 
 
 Senate into 
 
 similarly divided by lot into five Bureaux, renewed five Bureaux, 
 every two months.. Out of these is formed a Central 
 Bureau, which, in its turn, nominates a reporter to 
 present its reports to the House. 
 
 All bills and motions presented to the Senate are AH wiis 
 referred to its Bureaux, or to committees specially the Bureaux, 
 chosen for the purpose. The Senate also nominates a TWO per- 
 permanent committee of finance, and another for the committees 
 
 nominated. 
 
 examination of its own accounts. The former consists 
 of 15 members or more, whilst the latter and the com- 
 mittee of petitions have five members each. Committees Nomination 
 specially chosen for the consideration of bills, &c., can committees. 
 be nominated by the Bureaux, by the House itself, by 
 " scrutin de liste," by the President, or by lot. 
 
 JAPAN. 
 
 Committees are of three kinds, a committee of the Committees. 
 whole House, and standing and special committees. 
 
 The committee of the whole House is composed of Committee 
 the whole number of the members of the House. House. 
 
 The standing committee is divided into several standing 
 
 committee 
 
 branches according to the requirements of business j and 
 in order to engage in the examination of matters falling 
 within its province, the several sections from among the 
 members of the House, respectively elect an equal 
 number of members to the committee. The term of 
 membership of the standing committee lasts during a 
 single session only. 
 
 The special committees are chosen by the House and special 
 
 committees. 
 
 9 9 
 
 13 
 
372 COMMITTEES. 
 
 Japan. specially entrusted with the examination of a certain 
 particular matter. 
 
 Selection of The chairman of the committee of the whole House 
 is elected for each session at its commencement. 
 
 The chairman of both the standing and special com- 
 mittees are respectively elected at the meetings of the 
 committees, by and from among their members. 
 
 Quorum. No debate can be opened nor can any resolution be 
 
 passed by the committee of the whole House, unless 
 more than one-third of the entire number of the House 
 is present, or by the special committees unless more than 
 one -half of their members is present. 
 
 strangers, No persons other than members of the House can 
 
 be admitted to the meetings of either of the standing 
 or of the special committees. Members may also be 
 excluded from such meetings by resolution of the re- 
 spective committees. 
 
 The chairman of each committee reports to the House 
 concerning the proceedings and results of the meetings 
 of the committee over which he presides. 
 
 Committees Each House may, at the request or with the con- 
 currence of the G-overnment, cause a committee to 
 continue the examination of Bills during the interval 
 when the Diet is not sitting.* 
 
 NETHERLANDS. 
 
 The Upper and Lower Chambers of the States- 
 cinmbers General are each divided bv lot into five sections, which 
 
 into five 
 
 sections. are renewed every one or two months in the same 
 
 * Members of these committees receive, in addition to their annual 
 allowance, a sum not exceeding five yen a day. 
 
COMMITTEES. 373 
 
 manner.* The lots are drawn in a public sitting by the Nether- 
 
 lands, 
 President, who, after having called out each member's 
 
 name separately, draws out of a box a ticket, which 
 indicates the number of the section to which the respec- 
 tive member is to belong. Each section then elects a Election of 
 chairman and vice-chairman, and their names are com- cb 
 municated to the President. In the absence of both the 
 chairman and vice-chairman, or in the event of their 
 being elected reporters, the eldest member takes the 
 chair. 
 
 The central section is composed of the President of central 
 the Chamber and the chairmen of the different sections, 
 the sittings being also attended by the recorder. One 
 of their number is especially selected to preside, the 
 President of the Chamber not being now, as formerly, 
 ex-officio chairman. 
 
 All the bills sent by the King to the Chamber, after 
 having been printed and circulated, are forwarded to 
 the sections. Those bills, the debates on which have 
 not yet begun at the time of the renewal of the sections, 
 are referred to the new ones; and bills which are closely 
 connected with others formerly sent to the Chamber, 
 may be referred to the same sections which had to deal 
 with the previous ones. The central section arranges central 
 the order in which the different bills are to be de- arranges 
 
 the order, 
 
 liberated upon, and informs each member as soon as &c - 
 possible of its decision ; but this does not prevent any 
 member from bringing in a motion for the purpose of 
 amending a resolution of the central body. Should the 
 central section consider a consultation with one or more central 
 
 section may 
 
 consult 
 
 members. 
 
 * The number of the sections in the Upper Chamber -svas increased 
 from four to five, on account of the increase in the number of members, 
 in November, 1888. 
 
374 COMMITTEES, 
 
 Nether- members necessary respecting the order of the work to 
 be done in the sections, the member or members must 
 be communicated with through the President. 
 
 interval Two whole days are usually allowed to elapse between 
 
 between 
 
 circulation the circulation of a bill and its consideration by the 
 
 and con- * 
 
 sideration of sec tions, unless the central section is of opinion that the 
 matter is urgent. The chairmen of the sections arrange 
 together, if necessary, the order of debate in the 
 sections, so as to give each member an opportunity of 
 
 Reporter explaining his views. Each section appoints one of 
 
 Appointed* 
 
 its own members to act as reporter on the bills, but no 
 
 member is obliged to report on more than two bills, 
 
 unless a new bill should be in close connection with a 
 
 Any member former one. Each member is at liberty, provided he is 
 
 may produce 
 
 notes of MS present at the meeting of the section, to bring forward 
 memoranda written or signed by himself, containing his 
 views on the bill or some amendment on it. These 
 notes are read and then handed to the reporter, who 
 delivers them to the committee of reporters. 
 
 committee As soon as the debate in all the sections is closed, 
 the committee of reporters is assembled, the Recorder 
 
 General or Registrar also being summoned. The committee 
 
 chosen* elects one of its own members, or the Recorder, as its 
 general reporter. The reporters communicate to each 
 other every question which has been discussed in the 
 different sections, and consider also how they can best 
 explain the principle of each bill, so as to frame their 
 report to the House in accordance with these considera- 
 
 Sectionsmay tions. Should it then appear that in one or several of 
 
 be called . . . 
 
 under 61 ^* e sec ^ ons important points have been discussed which 
 cumstance! i n t ners have been passed over, the committee can 
 request the President of the Chamber to assemble these 
 sections in order to deliberate together on these par- 
 ticular points. In this case the deliberations and resolu- 
 
COMMITTEES. o7o 
 
 tions of the committee of reporters on these points are Nether- 
 suspended until after the further deliberation of the 
 sections. 
 
 On the motion of the President, or of 10 members, committee 
 the Chamber may resolve on the nomination of a " Com- tion. 
 " mittee of Preparation," the members of which will be 
 nominated by the President, unless the Chamber decides 
 otherwise, and will be selected from the sections. The 
 members of the Committee choose their own chairman 
 and one or more reporters, and suggestions are made 
 in their report, after having, if desired, communicated 
 with the Minister in charge of the bill, which may serve 
 as a guide in the debate.* 
 
 In the case of financial bills, the committee of Provisional 
 
 report 
 
 reporters frequently presents a provisional report, and JJ^Jjj* on 
 is at liberty to take a similar course with other bills, if bl 
 it should appear necessary to do so. The committee, or 
 the minister in charge of the bill, can either of them 
 demand a conference with the other. At the close of its Usual 
 proceedings, the committee presents a report which report, 
 usually contains (unless the particulars have been pre- 
 viously mentioned in a provisional report, or in one 
 emanating from the Government) a succinct account of 
 the principle of the bill and of its provisions ; a summary 
 of the debate on it in the sections ; a statement of the 
 issue of the consultation with the Government, if one has 
 
 * In 1880, when the new penal code was presented to the Second 
 Chamber, it was resolved to name the reporters from the whole House, 
 instead of taking one member from each section, lest any eminent 
 jurists might be excluded, because they were in the same section. The 
 result was so satisfactory that the Chamber resolved to act in a similar 
 manner with reference to bills which might be presented which required 
 a special knowledge of the subject dealt with. Hence the appointment 
 of the " Committee of Preparation " in the Reglement of November 
 1st, 1888. 
 
376 COMMITTEES. 
 
 Nether- taken place, and of any other points to which the com- 
 mittee may think it important to draw the attention of 
 Draft of the House. Should the committee think any modifi- 
 
 propnsed 
 
 amendments cation of the bill advisable, it appends to its report a 
 
 appended to ** 
 
 report, draft of the proposed amendments. The report, together 
 circulation with an appendix containing the papers which were 
 referred to the committee, and the reply of the Govern- 
 ment, are printed and circulated among the members 
 and sent to the Government. But the committee can 
 recommend that the answer of the Government be not 
 printed, but only deposited at the office of the Eecorder 
 for the use of members. 
 
 Report laid T ne Report of the committee of reporters is laid on 
 ' ble ' the table of the House, and is read by the recorder 
 whenever the Chamber requires it. 
 
 The Lower Chamber can, if it thinks proper, vote the 
 appointment of a committee of five members, one to be 
 chosen out of and through each section, for the purpose 
 of considering whether and in what sense, in accordance 
 with Articles 110 and 111 of the Fundamental Law,"* a 
 motion is to be made with regard to a certain subject of 
 discussion. 
 
 POETUGAL. 
 
 standing In addition to special committees, which may be 
 
 formed at any time for the consideration of any special 
 subject, the following permanent committees, which 
 generally consist each of nine members, and are chosen 
 by the President or by the House, are nominated at the 
 commencement of each session in the Lower House : 
 (1) Administration of the House, composed of the 
 
 * These Articles relate to tlie introduction of bills in the States- 
 General by the Lower House, 
 
COMMITTEES, 377 
 
 President and first Secretary with three other members ; Portugal, 
 (2) Finance; (3) Public Administration; (4) Legisla- 
 tion; (5) Public Instruction; (6) Public Works; (7) War; 
 (8) Ecclesiastical Affairs; (9) Infractions [? breaches 
 of the rules] ; (10) Foreign and International 
 Affairs; (11) Marine; (12) Affairs beyond the 
 Sea; (13) Petitions; (14) Statistics; (15) Agricul- 
 ture; (16) Commerce and Arts; (17) Public Health; 
 (18) Rules; (19) Recruiting; (20) Reports of General 
 Councils. 
 
 In the Chamber of Peers only 12 Standing Com- standing 
 uiittees are nominated every session, as follows : (1) intnHouL 
 Legislation; (2) Foreign Affairs; (3) War; (4) Eccle- 
 siastical Affairs; (5) Finance; (6) Marine and beyond 
 the sea; (7) Public Administration ; (8) Public Instruc- 
 tion; (9) Public Works; (10) Agriculture, Commerce 
 and Industry; (11) Editing; (12) Petitions. The num- 
 ber of members on these committees varies, as a rule, 
 from five to seven, the number being fixed and perma- 
 nent in each case. 
 
 It is the duty of the committees to take cognisance 
 of, and to examine, all the proposals and projects of 
 law which are within their order of reference and which 
 have been sent them from the President's table. After 
 having carefully considered, under the guidance of the 
 President, the proposal which has been referred to it, 
 each committee nominates from amongst its members 
 a special reporter who presents its decision to the 
 Chamber. 
 
 No report can be printed and circulated unless it has 
 first been signed by a majority of the committee and by 
 the reporter ; and it must always be stated therein 
 whether the decision is in accordance with the view of 
 the Government or not. 
 
378 COMMITTEES. 
 
 Portugal. Special committees are nominated in two ways, (1) 
 by the President, and (2) by " scrutin de liste." 
 
 SPAIN. 
 
 Dimion of Each Chamber is divided into seven sections, which 
 
 sections. discuss separately the bills or any other subjects which 
 may be presented to them, and decide as to whether or 
 not they shall be further proceeded with in the House. 
 The sections of the Senate are reconstituted every two 
 months, whilst those of the Lower House are nominated 
 for the whole session, but are required to select a fresh 
 President and Vice-President and two fresh Secretaries 
 every month. As soon as a measure has been fully 
 considered by each of the sections, a committee of seven 
 members, one from each section, is chosen to lay their 
 opinion before the Cortes. 
 
 Special Special committees are frequently appointed for par- 
 
 ticular objects, and usually consist of seven members, 
 besides which there are a certain number of Standing 
 Committees, nominated every session in both Houses 
 for the consideration of the following subjects, viz. : 
 
 standing (1) Electoral Acts; (2) Budget; (3) Audit of Accounts; 
 
 Committees. 
 
 (4) Pensions; (5) Petitions; (6) Internal Management, 
 and (7) Correction of Style ; there are also three other 
 permanent committees which are appointed by the 
 Senate, viz. : for the Library, for the nomination of 
 the Ministers of the Tribunal of Accounts of the King- 
 dom, and for the inspection of the Public Debt. The 
 Budget Committees consist of 35 members in the Con- 
 gress (Lower House), five being appointed by each 
 section, and of 21 in the Senate, the number being 
 made up by three members taken from each section. 
 The Committees on Electoral Acts, on the Library, on 
 
COMMITTEES. 379 
 
 the nomination of the Tribunal of Accounts, and on the Spain. 
 Public Debt, are nominated by the Senate itself, the 
 others being chosen by the sections. The committees 
 have full power to summon witnesses, and are entitled 
 to receive from the Government any information which 
 they may require for the preparation of their report. 
 
 Ministers and all deputies have the right to be pre- 
 sent at the meetings of the committees, though they 
 cannot vote. If, through illness or appointment to any 
 office, any member of a committee should not be present, 
 the proceedings will not be stopped, and the votes of the 
 committee will be valid, so long as there are five 
 deputies, or four senators respectively present. In the 
 event of the number falling below the quorum, the Quorum, 
 vacancies are filled up by their respective sections. 
 Joint committees are formed of an equal number from 
 both Houses. 
 
 No committee is dissolved until the business for 
 which it was appointed has been disposed of. A com- committee 
 mittee appointed for the examination of the codes or of may sif ' 
 
 during 
 
 other laws of great length, may continue its labours, recess. 
 with the authority of the Congress and the sanction of 
 the Government, even after the session is concluded, and 
 in this case those members who are unable to remain in 
 the capital are discharged from further attendance. Each 
 committee draws up its decision in the shape of a report, 
 which it presents to the House; the votes of those 
 members who may dissent from the majority being 
 drawn up separately, and also presented to the House, 
 as well as the votes of the different groups into which 
 the committee is divided when no decision is arrived at 
 by a majority. If the report includes a proposal made 
 by one or more deputies, it will be regarded as a project 
 of law. 
 
380 COMMITTEES. 
 
 Sweden. SWEDEN. 
 
 standing The election of members of the Standing Committees 
 
 of the Riksdag takes place in the order in which they 
 are enumerated in Sec. 37 of the General Regulations 
 (Riksdags ordningen). By this section it is declared, 
 that in every ordinary session,, within eight days of its 
 commencement, the following five committees are to be 
 appointed, viz., a Constitution Committee,* a Finance 
 Committee, a Committee for Supply, a Bank Committee, 
 and a Law Committee ;t of these the Constitution and 
 Supply Committees are to consist of 20 members each ; 
 the Finance Committee of 24 members ; and the Bank 
 and Law Committees of 16 each, of which half are 
 appointed by each House from amongst its own members. 
 The selections are made either by direct voting or by a 
 double election (par le vote a deux degres) . 
 
 special If at any time it should be thought necessary, special 
 
 committees may be appointed by a joint resolution of 
 both Houses, to consider questions properly belonging 
 to one of the standing committees, and on the request of 
 a committee the number of its members may likewise 
 be increased. Each House is also required to select 
 
 Nomination supplementary members, in the proportion of one to 
 
 mentary every two, to serve on the committee, in cases where the 
 
 members. 
 
 members are unable to attend. 
 
 * The Constitution Committee is required to examine the funda- 
 mental laws of the kingdom, or to propose such amendments as it may 
 think advisable. It is also its duty to report upon all constitutional 
 questions which may be referred to it by the Chambers, as well as to 
 decide, when the Chambers disagree, as to what committee certain 
 questions shall be referred, and to settle the difficulty between a 
 Chamber and its President, when the latter refuses to put a question. 
 
 f The Law Committee reports upon all Bills referred to it by 
 the Chambers, relating to the establishment, &c., of the general civil, 
 criminal, commercial, and ecclesiastical laws. 
 
COMMITTEES. 381 
 
 When supplementary members are added, the number Sweden. 
 of votes received by them on their election determines 
 the order in which they are summoned to serve on the 
 committee. 
 
 This rule as to the election of supplementary members 
 applies also when the Chamber elects juries or electors, 
 with the exception that in such cases the number of sup- 
 plementary members shall correspond to only a fourth 
 part of that of the ordinary members. 
 
 No member of the Council of State, or any coun- 
 cillor of justice, can form part of these committees, or 
 participate in their election. Xobody who is responsible 
 to the Biksdag can be elected to a committee which 
 may have any control over his functions. 
 
 The committees select from their own body a 
 chairman and vice-chairman. Provisionally, the chair- 
 manship belongs to the senior member in point of 
 service, or in case of equality to the oldest in age. 
 
 All the committees must meet within four days of 
 the date of their nomination, and report as soon as 
 possible. 
 
 Whenever in either of the Houses questions arise 
 which do not come properly within the cognisance of the 
 Committees above named, but still are of such a 
 character that a report by a committee is necessary, a 
 special committee is appointed from amongst the 
 members of the Houses to consider the question, the 
 number of the committee being fixed as the House may 
 decide. 
 
 In extraordinary sessions only such committees are 
 
 nary 
 
 to be appointed as are required for the preparation of sessions. 
 the questions for the consideration of which the Riksdag 
 has been especially called together. 
 
 When under Articles 93 and 94 of the Constitution, 
 
382 COMMITTEES. 
 
 Sweden, the Riksdag is about to proceed to the election of a 
 King or heir to the throne, a committee,, composed 
 of 64 persons, will be nominated by secret ballot, 32 
 from each Chamber, for determining the vote in case of 
 differences between the two Chambers. If the Chambers 
 agree upon the same person, he is elected, but if not, the 
 committee will decide. But it cannot vote except upon 
 those who have received, in ea.ch Chamber, the majority 
 of votes, and neither one nor the other can propose more 
 than one candidate. 
 
 The members of the committee will meet on the day 
 after the one on which the Chambers shall have pro- 
 ceeded to vote, and the candidate who receives the 
 majority of the votes will be elected. 
 
 Committees, Committees composed of members from both Charn- 
 summoned. bers are called together for the first time by the Presi- 
 dents, the summonses being issued, at the latest, by 
 seven o 3 clock in the afternoon of the previous day, but 
 no committee may meet at a time when either Chamber 
 is sitting. 
 
 A member of a committee, who is unavoidably pre- 
 vented from being present at a meeting, is required to 
 inform the chairman or secretary of the committee of 
 the fact in sufficient time to admit of a supplementary 
 member being summoned in his stead. 
 
 When a member of a committee has been absent on 
 three consecutive occasions without lawful excuse^ the 
 Chairman must inform the Chamber of which he is a 
 member, in order that it may proceed to the election of 
 a new member. 
 
 If a Permanent Committee considers that a matter 
 which has been referred to it does not come within 
 its order of reference, the committee ahallj at the latest 
 within eight days from the time of receipt of such 
 
COMMITTEES. 383 
 
 matter, make a report to the Chambers, which then Sweden, 
 resolve whether the question shall be dealt with by the 
 same committee, or be submitted to another. 
 
 Should the Chambers resolve to appoint a special 
 committee for the consideration of any matter, infor- 
 mation thereof shall immediately be conveyed to the 
 standing committee or committees which otherwise 
 would have had to deal with the subject. If, before the 
 resolution was passed, matters of the same or a similar 
 nature have been referred to a standing committee, 
 such committee shall, within eight days from the time it 
 received information of the appointment of a special 
 committee, apply to the Chambers for the transfer to it 
 of such matters. 
 
 Should committees, members of which are appointed 
 to meet together, not agree as to the number of such 
 deputies, these shall consist of four members from each 
 committee. 
 
 The Presidents are entitled to be present at com- 
 mittee meetings, but without the right of taking part in 
 the deliberations and decisions. 
 
 When the King requests the Riksdag to name 
 special delegates in order to confer with him upon 
 matters which he thinks ought to be kept secret, 12 
 members are chosen, six from each Chamber. 
 
 These delegates have no power to come to any deci- 
 sion, but only to give the King their opinion upon the 
 questions that the King may communicate to them. 
 The secretary and staff attached to those delegates are 
 appointed by the King. 
 
 NORWAY. 
 The Odelsthing elects from its own body, ou the 
 
384 COMMITTEES. 
 
 Norway, motion of such of its members as belong to the Com- 
 
 and pubiic mittee of Selection of the Storthing, a committee con- 
 accounts by . . . . 
 
 sistmg of nine members, whose duty it is (1) to examine 
 
 the documents, &c., referred to in section 75 of the Funda- 
 mental Law, which consist of the records of the G-overn- 
 ment of Norway and all other public reports and papers, 
 and to report thereon to the common division (0 dels- 
 thing) ; (2) to examine and report upon the minutes 
 made by the State Audit Department upon the public 
 accounts; and (3) to state whether the audit of accounts 
 has taken place in accordance with the instructions 
 given by the State auditors. 
 
 The committee may divide itself into three divisions 
 of equal magnitude, whereof two examine the records 
 mentioned in section 75 of the Fundamental Law, while 
 the third prepares the matters relating to the public 
 accounts for the consideration of the united committee. 
 
 The Common Division (OdelstJiing) at once informs 
 the Storthing of the appointment of the committee 
 and of what members it consists. 
 
 committee The Storthing elects from amongst its own members 
 a committee of selection, consisting of 23 deputies, 
 which is charged as soon as possible after the formation 
 of the above-mentioned committee with the duty of 
 nominating standing committees to prepare measures 
 relating to the following subjects, when required to do so 
 by a resolution of the Storthing or of either of its divi- 
 
 standing sions : (1) Alterations in and additions to the Funda- 
 mental Laws, Affairs of the Union, Grants for Foreign 
 Affairs, the Naturalisation of Foreigners and Alterations 
 in the Regulations (this committee likewise examines 
 the Archives and reports on their condition); (2) Church 
 and Educational matters ; (3) Justice and Police ; (4) 
 Customs, Malt and Spirit Duties, and the salaries in 
 
COMMITTEES. 385 
 
 connection therewith ; (5) Military affairs ; (6) Salaries Norway, 
 and the Pension List ; (7 and 8) Trade (two commit- 
 tees) ; (9) Roads, Posting and Grants with regard to 
 Agricultural affairs; (10) Reports on the Working of 
 Railways, Applications and Plans for New Railway Lines, 
 Telegraphs and Grants to Private Steamship Lines; and 
 (11) The Budget and all matters relating to Taxation. 
 
 The above mode of division need not, however, be 
 adhered to if it appears on examination that the work 
 to be done has been unequally divided among the com- 
 mittees. 
 
 At the expiration of the time for making proposals, Meetings of 
 the Presidents of the Divisions and Yice-Presidents ^ 
 meet the chairmen of committees and present a report 
 as to whether any redistribution of the business already 
 referred to the committees shall take place. 
 
 Power is given to the committee of selection to deter- 
 mine the number of members of which each of the new 
 prescribed standing committees shall consist, whilst, as 
 regards other committees, the Storthing and its Divi- 
 sions, each for itself, reserve their right to increase the 
 number of the members of their committees, as well as 
 to appoint fresh committees when found, and to nominate 
 members to them, either directly or through the com- 
 mittee of selection. 
 
 The committee of selection refers to the committees 
 already appointed such matters as are sent to it from 
 the Storthing or either of its divisions, unless it should 
 find it necessary on special occasions to appoint separate 
 committees for their preparation, 
 
 The composition of the standing and special com- 
 mittees remains the same during the whole of a Parlia- 
 ment, unless it is altered in consequence of the absence 
 of a member, or by a resolution of the Storthing. 
 
 2 c 
 
386 COMMITTEES. 
 
 Norway. The members of the committee of selection serve for 
 
 ofSctn eight weeks, but in such a manner that 11 members 
 retire by lot after having served for four weeks after 
 the appointment of the committee. The succeeding 
 elections to the committee then take place every fourth 
 week, so that 12 and 11 members alternately retire 
 each time, the retiring members being eligible for 
 re-election. 
 
 Each committee elects its own chairman and secre- 
 tary, and notifies their election at once to the President 
 of the Storthing. 
 
 As soon as a matter is finally referred to a committee, 
 the chairman introduces it, and it is his duty to see that 
 the business is conducted in a proper manner, that the 
 committee has all the information which is necessary, 
 and that reports and proposals, as soon as they are 
 ready, be sent to the President of the Division which 
 they concern. 
 
 The committees have the choice of giving in written 
 proposals or of allowing matters to be discussed 
 verbally, but the draft of a resolution must be presented 
 in writing. Each member is, however, entitled to have 
 a statement of the vote which he has given printed 
 and distributed among the members of the Division. 
 The committees have also the right of electing, for 
 each separate matter, from among their members, 
 a spokesman, who draws up and joins in signing the 
 report. 
 
 The committee of selection meets in the latter part 
 of the session, in order, after having ascertained how 
 far the several committees have advanced with their 
 work, to consider, and as soon as possible to report, at 
 what time the Storthing may expect to conclude its 
 most important business. They are also required, after 
 
COMMITTEES. 387 
 
 having consulted the other committees, to state what Norway, 
 measures should in their opinion be passed in the 
 present session, if possible, and what may without dis- 
 advantage be postponed to a later period. 
 
 SWITZERLAND. 
 Both Houses can nominate committees for the con- committees, 
 
 . . how nomi- 
 
 sideration or any matters which may be referred to nated. 
 them the National Council by " scrutin de liste " or by 
 sitting and rising, and the States Council by ballot or 
 show of hands, or they may, if they think fit, refer the 
 nominations to the Bureau. The member first named 
 usually undertakes the duties of President and summons 
 the committee, which having considered the matters 
 referred to it, makes a report to the House by which it 
 was appointed. 
 
 During the recesses committees of one or both 
 Chambers meet, sometimes, together with one or more 
 Federal Councillors, in different parts of the country, in 
 order to discuss subjects which are brought later before 
 the Federal Assembly. 
 
 UNITED STATES OF AMEEICA. 
 
 All Committees of the Senate, unless otherwise committees 
 ordered, are appointed by ballot with a plurality of appointed by 
 votes. In the appointment of the Standing Committees, 
 the Senate proceeds by ballot to appoint severally the 
 chairman of each committee, and then, by one ballot, 
 the other members necessary for its completion. A 
 majority of the whole number of the votes given is 
 necessary to the choice of a chairman of a Standing 
 Committee, but a plurarily of votes is sufficient for the 
 
 2 c 2 
 
"388 COMMITTEES. 
 
 United appointment of the other members. Should the Chair- 
 man resign or cease to serve on a committee, the 
 Presiding Officer is authorised by the Senate to fill the 
 vacancy in such committee. 
 
 committees The Standing Committees [of the House of Repre- 
 
 of House of 
 
 tives esenta * sen tatives, as well as all select committees which are 
 ordered by the House from time to time, are appointed 
 by the Speaker. 
 
 standing At the commencement of each Congress the Senate 
 
 Committees 
 
 Reprwenta- a PPi n ts 41 Standing Committees* on the following 
 subjects, to report by bill or otherwise, viz. : f Agri- 
 culture s and Forestry b ; f Appropriations 1 ^ ; Audit and 
 Control of Contingent Expenses of the Senate 6 ; Cen- 
 sus 11 ; Civil Service and Retrenchment 11 ; f Claims b S; 
 Coast Defences 6 ; f Commerce^ ; { District of Columbia bh ; 
 f Education 11 and f Labour bh ; Engrossed Bills (for' the 
 examination of all bills, amendments and joint resolutions 
 before they go out of the possession of the Senate) e ; 
 f Enrolled Bills (joint) ek (for the examination of all 
 bills which have passed both Houses, and for their 
 presentation, when they have originated in the Senate, 
 to the President of the United States in person); 
 Epidemic Diseases ; Civil Service d ; Expenditure of 
 Public Money 6 ; Finance 3 ; Fisheries 6 ; f Foreign Re- 
 lations 1511 ; Improvement of Mississippi River 6 ; f Indian 
 Affairs bh ; Interstate Commerce b ; f Judiciary b ; f Library 
 ( joint) em ; f Manufactures 61 ; f Military Affair s bh ; f Mines 
 and Mining 6h ; f Naval Affairs bh ; f Patents cb ; f Pen- 
 sions bh ; f Post Offices and Post Roads b ; f Printing 
 (joint) em ; f Private Land Claims dh ; Privileges and 
 
 * Committees marked a consist of eleven Senators ; b of nine Sena- 
 tors ; c of seven Senators ; d of five Senators ; e of three Senators ; 
 f Committees on the same subjects fire appointed by the House of 
 Representatives ; those marked ? consist of fifteen members ; h consi 
 
COMMITTEES, :V) 
 
 f Elections b ; f Public Buildings and Grounds (joint) dh ; United 
 f Public Lands bh ; Railroads*; f Revision of the Laws of 
 the United States dh ; Revolutionary Claims d ; f Rules dl ; 
 f Territories 111 ; Transportation Routes to the Seaboard. 
 
 In addition to the Standing Committees, which are 
 appointed on the same subject by both Houses, the 
 following Standing Committees are appointed in the 
 House of Representatives,* viz. : On Ways and 
 Means h ; Banking and Currency 11 ; Coinage, Weights 
 and Measures 11 ; Rivers and Harbours? ; Merchant- 
 Marine and Fisheries 11 ; Railways and Canals h ; Pacific 
 Railroad h ; Sewers and Improvement of Mississippi 
 River h ; Militia h ; Invalid Pensions & ; War Claims h ; 
 Accounts J; Mileage 1 ; also eight committees of seven 
 members each on the Expenditure of the eight Public 
 Departments. 
 
 Other important questions are referred to Select 
 Committees as occasion may arise. The following Select 
 Committees were appointed in the first session of the 
 50th Congress, viz. : On Reform in the Civil Service ; 
 on the Election of President, Vice-President, and Repre- 
 sentatives in Congress ; on Indian Depredation Claims, 
 consisting of 13 members each; on the Eleventh Census 
 (12) ; on Ventilation and Acoustics (7) ; on the Alcoholic 
 Liquor Traffic (11) ; on Investigation of Government 
 Printing Office ; on Existing Labour Troubles in Penn- 
 sylvania ; and on the New Library Building 5 each. 
 
 In the House of Representatives the first-named Member 
 member of each committee takes the chair ; if he is acts as 
 
 Chairman. 
 
 thirteen members ; ' of eleven members ; J consists of nine members ; 
 k consists of seven members ; J consists of five members ; m consists 
 of three members. 
 
 * s Of fifteen members ; h of thirteen members j J of nine members ; 
 of five members. 
 
390 COMMITTEES. 
 
 United absent, or excused by the House, the next-named 
 member, and so on, as often as the case arises, unless 
 the committee, by a majority of its number, elect a 
 chairman; and in case of the death of a chairman, 
 it shall be the duty of the Speaker to appoint another. 
 The Chairman appoints the clerk or clerks of the 
 committee, subject to its approval, who shall be paid at 
 the public expense, the House having first provided 
 therefor. Select Committees of the Senate are not 
 
 cierk. allowed clerks unless by an order of the House, which 
 it is usual to insert in the resolution authorising the 
 appointment of the committee. 
 
 Delegates The Speaker appoints from among the delegates one 
 
 certain additional member on each of the following Committees, 
 
 Committees. 
 
 viz. : Coinage, Weights and Measures ; Agriculture ; 
 Military Affairs; Post Office and Post Eoads; Public 
 Lands ; Indian Affairs ; Territories ; Private Land 
 Claims; and Mines and Mining; they possess in their 
 respective committees the same powers and privileges as 
 in the House, and may make any motion except to 
 reconsider, which is dependent upon the right to 
 vote. 
 
 Appointment The Speaker's privilege of appointing the standing 
 mittees. committees is nearly as old as Congress itself. At first 
 the House tried the plan of balloting for its more im- 
 portant committees, ordering in April, 1789, that the 
 Speaker should appoint only those committees which 
 should consist of not more than three members; but 
 less than a year's experience of this method of organising 
 seems to have furnished satisfactory proof of its im- 
 practicability, and on January, 1790, the present rule 
 was adopted ; that " All committees shall be appointed 
 " by the Speaker, unless otherwise specially directed by 
 cc the House/' The rules of one House of Repre- 
 
COMMITTEES. 391 
 
 sentatives are not, however, necessarily the rules of the United 
 next. No rule lives save by biennial re-adoption. Each tates * 
 newly elected House meets without rules for its govern- 
 ance, and amongst the first acts of its first session is 
 usually the adoption of the resolution that the rules of 
 its predecessor shall be its own rules, subject, of course, 
 to such revisions as it may, from time to time, see fit to 
 make. Mr. Speaker's power of appointment, accord- 
 ingly, always awaits the passage of this resolution ; 
 but it never waits in vain, for no House, however foolish 
 in other respects, has yet been foolish enough to make 
 fresh trial of electing its Committees.* 
 
 All proposed legislation is referred to the particular Proposed 
 committee which has special cognisance of the subject referred to 
 
 J Committees. 
 
 on which it is proposed to legislate, and no committee 
 may sit during the sitting of the Houses without special 
 leave. Committees may be appointed to sit during the 
 recess by adjournment, but not by prorogation. The 
 members of a committee meet when and where they 
 please, if the House has not appointed the time and 
 place for them ; but they can only act when together, and 
 not by separate consultation and consent, nothing being 
 the report of a committee except what has been agreed 
 to in committee actually assembled. A majority of the Quorum, 
 committee constitutes a quorum for business. But it is 
 not necessary that the committee shall be full when a 
 paper is acted upon. Nor is it even necessary that every 
 member shall have been notified of an adjourned meet- 
 ing, if it shall appear that at such meeting a quorum 
 was present, and that a majority of such quorum autho- 
 rised a report to be made. 
 
 Committees can appoint sub -committees to make 
 
 Congressional Government," by Woodrow Wilson, p. 104. 
 
 mitteea. 
 
392 COMMITTEES. 
 
 United investigations, and no petition can be received by a 
 committee except through the House ( 1 ). All papers 
 referred by the House to the Standing Committees are 
 taken by the clerk to the committee's room ; but when 
 the committee has no fixed committee room, they are 
 delivered by him to the chairman, and in his absence 
 
 instructions to the next member of the committee. With regard to 
 
 to committee . ... 
 
 instructions to committees, it is not competent for the 
 House to instruct a committee to amend a bill in a 
 manner in which the House itself cannot amend it ( 2 ). 
 A division of the question is not in order on a motion to 
 commit or re-commit with instructions, or on the different 
 branches of instructions ( 3 ) . 
 
 Power of The committee has full power over the bill or other 
 
 over bill. paper, except that it cannot change the title or subject. 
 Certain Standing Committees have leave to report at 
 Leave to any time on particular matters; a committee having 
 anytime, leave to report at all times, may report in part at dif- 
 ferent times ( 4 ) ; the right to report at any time carries 
 with it the right to consider the matter when reported ( 5 ) ; 
 and when authority is given to a committee to make a 
 report at a particular time, the right follows to consider 
 the report when made ( 6 ) ; it is not competent for a 
 .:. committee to report a bill when the subject-matter has 
 not been referred to it by the House, by the rules or 
 otherwise ( 7 ) ; a bill may be reported with a recommen- 
 dation that it do not pass, if based upon a paper regu- 
 larly referred. Whenever the report of a committee is 
 adverse, it must be in writing and is ordered to be 
 printed ( 8 ); the report being made, the committee is 
 
 (') Congress '.Globe, I, 39, p. 4019. ( 2 ) Journal, 2, 35, p. 389. 
 ( a ) Journal, 1, 17, p. 507; 1, 31, pp. 1395, 1397. ( 4 ) Journal 1, 27, 
 27, p. 104. ( s ) Journal 1, 32, -p. 195. ( 6 ) Journal 1, 22, p. 1409. 
 
COMMITTEES. 393 
 
 dissolved, and can act no more, except on a motion in United 
 the House to re-commit, which, if decided affirmatively, 
 has the effect of reviving it ( 9 ). 
 
 A minority of the committee cannot make a report. Ministry 
 
 submits its 
 
 but it is usual for it to submit its views in a written view . s in 
 
 writing. 
 
 paper, which is printed and considered with the 
 report of the majority. The chairman of a com- 
 mittee submitting a report has a right to read it ( 10 ) ; 
 a member reporting the measure from a committee Reporter of 
 
 committee 
 
 may open and close the debate, and. under the in van- opens and 
 
 closes debate. 
 
 able practice, he is entitled to be recognised, notwith- 
 standing another member may have arisen first and 
 addressed the chair ( n ) ; and his right to close the 
 debate is never denied him, even after the previous 
 question is ordered, or the debate has been closed. The 
 proceeding's of a committee mav not be published, as Minutes of 
 
 proceedings 
 
 they are of no force till confirmed by the House. If a no l,. 
 
 > published. 
 
 report be re-committed before it is agreed to in the 
 House, what has passed in committee is of no validity ; 
 the whole question is again before the committee and a 
 new resolution must be again moved as if nothing had 
 passed ( 12 ) ; select committees do not last beyond the committees 
 session in which they were appointed, unless specially continue to 
 authorised to do so ( 13 ). session. 
 
 The President of the Senate, the Speaker of the 
 House of Representatives, or a Chairman of a Commit- 
 tee of the Whole, or of any committee of either House of 
 Congress, is empowered to administer oaths to witnesses oaths of 
 
 . witnesses. 
 
 in any case under their examination. 
 
 In the Senate, the Presiding Officer for the time 
 
 Q Journal 1, 31, p. 590. ( 6 ) Journal ], 32, p. 785. ( 9 ) Journal 2, 
 37, p. 874 ; 3, 37, pp. 487-489. ( 10 ) Journal 11, 24, p. 262. (") Journal 
 3, 17, p. 211. O Journal 1, 31, p. 1056. ( 13 ) Journal 2, 32, p. 207, 
 and 35, p. 1020. 
 
394 COMMITTEES. 
 
 United being and the Secretary and Chief Clerk are empowered 
 to administer oaths,* and any member of either House 
 of Congress may administer oaths to witnesses in any 
 matter depending in either House of Congress of which 
 he is a member, or any committee thereof.t 
 
 penalty for Every person who disobeys a lawful summons or 
 
 disobeying 
 
 summons. w ho, having appeared, refuses to answer any question 
 pertinent to the question under inquiry, is deemed guilty 
 of a misdemeanour, punishable by a fine of not more than 
 a thousand dollars, nor less than one hundred dollars, 
 and imprisonment in a common jail for not less than one 
 month, nor more than twelve months. 
 
 Privilege. No testimony given by a witness before either House, 
 
 or before any committee of either House of Congress, 
 can be used as evidence in any criminal proceeding 
 against him in any Court, except in a prosecution for 
 perjury committed in giving such testimony. But an 
 official paper or record produced by him is not within 
 the said privilege. 
 
 A committee cannot punish a breach of order in the 
 committee or gallery. It can only rise and report it to 
 the House, who may proceed to punish. { 
 
 In the case of Kilburn v. Thompson (103 United 
 States, 168), the plaintiff had been imprisoned by order 
 of the House for refusing to answer certain questions 
 put to him. He sued the Serjeant-at-Arms for false 
 imprisonment and recovered damages, the Supreme 
 Court holding that as the constitution could not be shown 
 to have conferred on either House of Congress any 
 power to punish for contempt, that power (though fre- 
 quently theretofore exercised) did not exist, and the 
 
 * April 18, 1876, 19 Stat., 34. f June 26, 1884, 23 Stat., 60. 
 
 J Journal 1, 28, p. 846. 
 
COMMITTEES. 395 
 
 order of the House therefore constituted no defence for United 
 ., States, 
 
 the Serjeant s act.* 
 
 This case was decided in October, 1880, and over- 
 ruled, the decision in Anderson v. Dunn (6 Wheaton 
 Amer., Rep. 204) (1821), which was relied upon by Sir 
 James W. Colvile, in his judgment in Doyle v. Falconer 
 (Privy Council Appeal Cases, Vol. I., p. 339) (1866), to 
 show that the House of Eepresentatives had, by neces- 
 sary implication, a general power of punishing and com- 
 mitting for contempt, notwithstanding that the lex 
 scripta, <c The Constitution of the United States," had 
 expressly conferred upon it a power limited to the 
 punishment of contempt when committed by its own 
 members. Miller, J., in delivering the judgment of the 
 Court in the case of Kilburn v. Thompson, says of 
 Anderson v. Dunn : " We take the grounds of the 
 " decision to be that there is in some cases a power in 
 (C each House of Commons to punish for contempt ; that 
 " this power is analogous to that exercised by Courts of 
 " of Justice j and that it being the well-established 
 " doctrine that when it appears that a prisoner is held 
 Cf under the order of a Court of general jurisdiction for a 
 (C contempt of that authority, no other Court will dis- 
 " charge the prisoner, or make further inquiry into the 
 " cause of his commitment. That this is the general 
 " rule, though somewhat modified since that case was 
 " decided, as regards the relations of one Court to 
 " another, must be conceded. But we do not concede that 
 " the Houses of Congress possess this general power 
 " of punishing for contempt. The cases in which they 
 " do this are very limited " . . . . and he states 
 
 * " The American Commonwealth," by James Bryce, M.P. Vol. 
 I., p. 500. 
 
396 
 
 COMMITTEES, 
 
 United 
 States. 
 
 Witnesses, 
 how sum- 
 moned. 
 
 Witnesses' 
 expenses. 
 
 Committee 
 of the whole 
 
 PracticG in 
 the House 
 of Repre- 
 sentatives. 
 
 the limitation to be one depending on the question 
 whether or not the alleged contempt arose out of matters 
 of which the House could take cognisance. 
 
 Witnesses are summoned in pursuance of an order 
 of the House, usually by virtue of its authority con- 
 ferred upon a committee "to send for persons and 
 " papers." They are paid according to the following 
 scale, viz., for each day a witness attends, the sum of two 
 dollars ; for each mile he travels in coming to, or going 
 from, the place of examination, the sum of five cents each 
 way ; but nothing shall be paid for travelling when the 
 witness has been summoned at the place of trial. 
 
 In the Senate a witness receives the sum of 
 three dollars a day, and five cents for each mile ; but if 
 he resides west of the 110th meridian he is paid 
 seven cents for each mile each way when the place of 
 examination is east of the Mississippi River. 
 
 All bills and joint resolutions which have received 
 two readings are first considered by the Senate in the 
 same manner as if the Senate were in Committee of the 
 Whole, after which they are reported to the Senate; and 
 any amendments made in Committee of the Whole are 
 considered by the Senate, after which further amend- 
 ments may be proposed. When a bill or resolution has 
 been ordered to be read a third time it is not in order to 
 propose amendments unless by unanimous consent ; but 
 it is at all times in order before the final passage of any 
 bill or resolution to move its commitment ; and when the 
 bill or resolution is again reported from the committee it 
 is placed on the calendar, and when again considered by 
 the Senate, shall be as in Committee of the Whole 
 (Rule 26 of the Senate). 
 
 The rules and practice of the House of Representa- 
 tives recognise two Committees of the Whole, viz., the 
 
COMMITTEES. 397 
 
 Committee of the Whole House on the state of the United 
 Union, to which are referred public bills and public 
 business ; and the Committee of the Whole House, to 
 which are referred private bills and private business. In 
 all cases in forming a Committee of the Whole House 
 the Speaker leaves the chair after appointing a chair- chairman 
 
 . appointed. 
 
 man to preside, who, in case of disturbance or disorderly 
 conduct in the galleries or lobby, has power to cause the 
 same to be cleared. But in the case of great heat and 
 confusion arising, the Speaker will resume the chair and 
 bring the House to order .* When there is no quorum Roii-caii if 
 
 no quorum. 
 
 present, which shall consist of 100 members, the chair- 
 man causes the roll to be called, and thereupon the 
 committee rises, and the chairman reports the names of 
 the absentees to the House, which shall be entered on 
 the Journal. If on such call a quorum appears, the m 
 committee resumes without further order from the J 
 House. But if no quorum answers, a motion to adjourn, r 
 or for a call of the House, is in order ; and if upon 
 either of said motions a quorum shall vote, and the 
 House refuses to adjourn or order a call, the session of 
 the committee is immediately resumed. 
 
 The rules of proceedings of the House shall be 
 observed in a Committee of the Whole House, so far as 
 they may be applicable. (Rule xxiii., clause 8.) 
 
 Under the foregoing clause it has been held that the 
 motion " that the committee do rise/' is in order at any 
 time (except when a quorum has failed to vote and that 
 point is made, or when a member has the floor), being 
 the equivalent of the motion " to adjourn " in the House. 
 
 * See latest instance -when the Speaker took the chair in case of 
 menacing language and conduct of Mr. Sparks, of Illinois. Journal, 
 3, 46, p. 114. See also Congressional Record of December 21, 1880, 
 vol. 46, p. 311. 
 
398 COMMITTEES. 
 
 United It has also been held that the first-named motion did 
 not require a quorum, for the reason that the motion to 
 adjourn does not require one, not being " business." 
 On every other question, in a Committee of the Whole,, 
 a quorum is of course required. 
 
 No previous question can be put in Committee; nor 
 can this Committee adjourn as others may (*), nor can the 
 "Yeas " and "Nays " be taken ( 2 ), nor can a motion to 
 lie on the table be entertained ( 3 ), nor motions to 
 re-consider ( 4 ). 
 
 When general debate is closed by order of the House, 
 any member shall be allowed five minutes to explain any 
 amendment he may offer, after which the member who 
 shall first obtain the floor shall be allowed to speak five 
 minutes in opposition to it, and there shall be no further 
 debate thereon but the same privilege of debate shall 
 be allowed in favour of and against any amendment that 
 may be offered to an amendment ; and neither an 
 amendment nor an amendment to an amendment shall 
 be withdrawn by the mover thereof unless by the 
 unanimous consent of the committee. 
 
 The Committee may, by the vote of a majority of 
 members present, at any time after the five minutes' 
 debate has begun upon proposed amendments to any 
 section or paragraph of a bill, close all debate upon such 
 section or paragraph, or at its election, upon the pending 
 amendments only; but this shall not preclude further 
 amendment to be decided without debate (Rale xxiii., 
 clause 6). The following is the form of resolution for 
 closing the hour debate, viz. : " Resolved, that all 
 " debate in the Committee of the Whole House on the 
 
 * O Manual, p. 106. ( 2 ) Cong. Globe, 1, 28, p. 618; 1, 26, p. 285. 
 ( 3 ) Cong. Globe, 2, 31, p. 645. ( 4 ) Cong. Globe, 1, 27, p. 305. 
 
COMMITTEES. 399 
 
 " State of the Union (or Committee of the Whole House, United 
 
 ' States. 
 " as the case may be) on (insert title of Bill &c.), shall 
 
 " cease at (insert time), when its consideration is next 
 " resumed." The proposition to close debate may be 
 made at any time, taking precedence even of a motion 
 to go into Committee of the Whole ; but to be in order 
 at all, the subject upon which it is proposed to close 
 debate must have been previously taken up and con- 
 sidered by the Committee. Debate having been closed 
 at a particular hour by order of the House, it is not com- 
 petent for the Committee, even by unanimous consent, 
 to extend the time. 
 
 In the Committee of the Whole a motion to rise, like 
 the motion to adjourn, in the House, may be made 
 at any time (except when there is no quorum, as it is then 
 the duty of the chairman to cause the vote to be called); 
 and when at the rising a member is entitled to the floor, 
 he is entitled to occupy it in preference to any other 
 member at the next sitting of the Committee ( 5 ). And a 
 member occupying the floor may yield it to another 
 member to move that the Committee rise, without losing 
 his right to occupy it at the next sitting ( 6 ). The motion 
 to rise may be withdrawn at any time before the vote 
 thereon is announced ( 7 .) 
 
 All motions or propositions involving a tax or charge Motions 
 upon the people, and all proceedings touching appro- taxes > &c - 
 priation of money, &c., are first considered in a Com- 
 mittee of the Whole, and a point of order under this 
 rule is good at any time before the consideration of a 
 bill has commenced. 
 
 In Committees of the Whole House, business on their certain BUIS 
 
 have pre- 
 . cedence. 
 
 ( 5 ) Cong. Globe, 1, 21, pp. 358. 387. ( 6 ) Cong. Globe, 2, 31, p. 645. 
 ( 7 ) Cong. Globe, 1, 31, p. 318. 
 
400 COMMITTEES. 
 
 United calendars is taken up in regular order, except bills for 
 raising revenue, general appropriation bills, and bills for 
 the improvement of rivers and harbours, which take 
 precedence ; and when objection is made to the con- 
 sideration of any bill or proposition, the Committee there- 
 upon rises and reports such objection to the House, 
 which decides without debate whether such bill or pro- 
 position shall be considered or laid aside for the present, 
 whereupon the Committee resumes its sitting without 
 further order of the House. 
 
 state legis- The principle of devolution is maintained in the 
 State legislatures in the same way as in Congress. Each 
 House is divided into a certain number of Standing 
 Committees, varying in number according to no parti- 
 cular rule. Thus the Senate of Massachusetts, which 
 consists of 40 members, has six Standing Committees, 
 whilst the House of Representatives, which has six times 
 as many members, has ten Committees, besides which 
 there are 25 joint Standing Committees, and six joint 
 special committees of both Houses. In Pennsylvania, 
 although the Senate has only ten more members than 
 Massachusetts, it has 29 Standing Committees, and 
 the House with 201 members, or 39 less than Massa- 
 chusetts, has 34. In Indiana, with a House of 100 
 members, there are 37 Standing Committees and four 
 joint Standing Committees. In Minnesota, the Senate, 
 consisting of 41 members, has 32 Standing Committees, 
 whilst the House of 106 members, has 34, and there are 
 also two joint Standing Committees. 
 
 To these Committees all bills are sent as a matter 
 of course, in the same manner as in Congress.* 
 
 * See "The American Commonwealth," by James Bryce, M.P., 
 Vol. II., p. 98; 
 
OEDER OP BUSINESS. 401 
 
 CHAPTER VI. 
 
 OEDER OP BUSINESS. 
 
 AUSTEIA-HUNGAEY. 
 
 The sitting of the Delegation having been opened by Delegation* 
 the President as soon as 30 members besides himself are ^f^ sof 
 present, the minutes of the last meeting are read, and 
 after being corrected and read a second time, are con- 
 firmed by the President. Motions and reports are then 
 announced and, if necessary, questions put in regard to 
 the former as to whether they are supported by the 
 proper number of members, after which communications 
 are received from the Government, from the other Dele- 
 gation, and from the committees. 
 
 A minute of each sitting is drawn up and signed by Minutes of 
 the President and two Secretaries. It contains a state- 
 ment of the presence of the quorum, together with all 
 motions brought forward for decision, the actual word- 
 ing of the questions put to the vote, and the results 
 of the voting, together with the resolutions which have 
 been passed. The corrected minutes are printed and 
 circulated among the members. At the close of each 
 sitting the President, in agreement with the assembly 
 
 2 D 
 
402 ORDEE OP BUSINESS. 
 
 Austria- fixes the clay and hour of the next meeting. If the 
 requisite number of members is not present, the next 
 meeting takes place on the following day. The Presi- 
 dent may also, in case of need, summon the members to 
 an extraordinary sitting. 
 
 Motions, &c. Motions which have been properly supported, after 
 having been printed, are placed on the order of the day, 
 care being taken that Government measures have prece- 
 dence over all other subjects, with the exception of those 
 which are already under discussion. 
 
 order of the At the conclusion of the sitting, the President, with 
 the consent of the House, fixes the order of the day for 
 the next meeting, and has it posted up in the chamber. 
 In the order of the day is to be placed, first, the un- 
 finished business of the previous day, and then the 
 Government measures and communications from the 
 other Delegation. 
 
 The assembly decides without debate as to whether 
 any particular motion shall be exceptionally discussed 
 before other motions which had been previously 
 introduced. 
 
 Rules of The rules which relate to the order of speaking 1 in 
 
 speaking and 
 
 order. debate, to calls to order, and to the repression of dis- 
 orderly conduct, are the same as those of the Austrian 
 Parliament. 
 
 procedure in On the day on which a subject is for the first time on 
 
 the case of J J 
 
 ^e P a P er .> the mover, if he wishes it, receives permission 
 to argue his motion. 
 
 Thereupon the Delegation decides without debate 
 whether the motion shall be referred to an already ex- 
 isting committee, or to a special one to be at once chosen 
 by the assembly. If the motion is not referred to any 
 committee, it will, except in a case of urgency, be 
 considered as rejected. 
 
ORDEE OF BUSINESS. 403 
 
 In urgent cases the Delegation can resolve to Austria- 
 abbreviate the forms of procedure. The resolution by Urge nc7. ' 
 which this is decided is passed at the time of its 
 announcement by the President, or on the first reading 
 if the motion is designated as urgent. The debate 
 thereon must be confined to the question of urgency. 
 
 The following are the abbreviations of the procedure 
 which are admissible in cases of urgency : 
 
 (a.) A period to be fixed within which the committee 
 shall bring up its report. 
 
 (6.) To proceed to the general discussion immediately 
 after the distribution of the printed copies of the 
 report of the committee. 
 
 (c.) To dispense with the printing of the motion, or 
 
 (d.) Of the report of the committee. 
 
 (e.) To give the mover permission to open his motion 
 without its being on the order of the day. 
 
 (f.) To have no preliminary discussion in committee. 
 
 A majority of two-thirds of the votes is necessary to 
 authorise the last two abbreviations, an absolute majority 
 of the members present being sufficient for the passing 
 of any other resolutions. 
 
 A statement setting forth the mode of abbreviation 
 in the procedure which is desired must be added to the 
 motion for urgency. 
 
 As soon as the report of the committee has been re- Report of 
 
 committee. 
 
 ceived by the President, it is printed and circulated, and 
 the subject is placed on the order of the day again, this 
 time for discussion and voting on the various parts of 
 the motion, but this debate cannot take place until 24 
 hours after the circulation of the report. 
 
 When the subiect is on the order of the day for the second 
 
 reading. 
 
 second reading, the discussion of the report in the Dele- 
 gation is opened by the reporter. 
 
 2 D 2 
 
404 ORDER OP BUSINESS. 
 
 Austria- If a motion consists of several parts, there is first a 
 
 ungary< general debate, and then a special debate on the various 
 points. At the close of the general debate the only 
 question which can be put to the vote is whether the 
 assembly shall pass to the order of the day, or whether 
 the discussion shall be adjourned. 
 
 If, in the course of the debate, the report of the 
 committee appears not to be exhaustive in any respect, 
 the assembly may refer it to the committee for further 
 consideration. After the voting on the various parts of 
 a motion, the voting on the motion as a whole follows, 
 as a rule, at the next sitting, unless the Delegation 
 resolve otherwise. At this stage in the proceedings, 
 except in the event of the various parts of an amended 
 resolution being inconsistent with each other, no further 
 amendment, except with a view of correcting this flaw, 
 can be introduced. 
 
 A further exception to the rule is a motion referring 
 solely to the formal mode of procedure. 
 
 Motions of this nature are not always bound to be 
 handed in in writing, and may be put to the vote by the 
 President and decided without debate, according to 
 circum stances. 
 
 Adjourn- The adjournment of a debate may be moved and 
 
 resolved upon at any time. 
 
 cidture. Motions for the closing of the debate are to be at 
 
 once put to the vote by the President without any 
 question. 
 
 If the majority decides for the closing of the debate, 
 the members whose names are put down to speak for or 
 against the motion may choose from amongst them one 
 speaker on each side, and only the speaker so chosen, 
 the reporter and (if there was no preliminary discussion) 
 the mover will be allowed to speak. 
 
ORDER OF BUSINESS. 405 
 
 In voting, before the main question is put to the vote, Austria- 
 motions for adjournment, amendments and subsidiary Order of 
 motions must first be voted upon. qSeSn!* 10 
 
 The voting shall be by simple Yes or No. without Mode of 
 
 . voting. 
 
 any reasons being stated. 
 
 The Delegations and their committees can onlv Communi- 
 
 * cations of 
 
 communicate with the ministers, and that through the tJ ^.^ e - 
 Presidents of the Delegations; and are not entitled to 
 correspond with provincial assemblies, or to issue mani- 
 festoes of any kind. 
 
 The Delegations of the Reichsrath and of the 
 Hungarian Reichstag communicate their decisions to 
 each other, and, when necessary, the reasons thereof. 
 
 These communications must be in writing, on the communi- 
 
 cations. 
 
 side of the Delegation of the Reichsrath in German, and 
 on the side of the Delegation of the Reichstag in the 
 Hungarian language, and each must annex a certified 
 translation into the language of the other Delegation. 
 
 Each Delegation is entitled to propose that a question Settlement 
 
 of question 
 
 shall be settled by a joint vote, and when communica- ^J t j e oint 
 tions have been three times exchanged without result, 
 such a proposal cannot be declined by the other 
 Delegation. 
 
 The Presidents on each side arrange the time and 
 place for a full sitting of both Delegations for the pur- 
 pose of taking the joint vote. 
 
 At such full sittings the Presidents of the Delega- 
 tions preside alternately, the chairman on the first 
 occasion being selected by lot. 
 
 To form a quorum in the full assembly at least two- Quorum. 
 thirds of the members of each Delegation must be 
 present. 
 
 Resolutions are passed by an absolute majority of Resolutions, 
 votes, and if there are present more members of one 
 
406 OKDEK OF BUSINESS, 
 
 Austria- Delegation than of the other, so many members of the 
 
 ' more largely represented Delegation must refrain from 
 
 voting as will restore equality to the number of votes of 
 
 each Delegation. The members who are to refrain from 
 
 voting are chosen by lot. 
 
 The full sittings of the two Delegations are public. 
 The minutes are drawn up in both languages by the 
 secretaries on each side and jointly attested. 
 
 The sessions of the Delegations are closed by their 
 respective Presidents with the imperial consent when 
 their business is finished, or by order of the Emperor. 
 standing These standing orders, so far as they are taken from 
 
 Orders, how J 
 
 altered, fa & Fundamental State Law of 21st December, 1867, 
 relating to the mutual relations of the two countries and 
 the mode of procedure, can only be altered or annulled 
 with that law. 
 
 Alterations in, or amendments of the other orders, 
 depend entirely on the decision of the Delegation. 
 
 Motions to that effect must be brought in inde- 
 pendently, and the relative resolutions passed after 
 special discussion. 
 
 No difference exists between the rules of the Austrian 
 and Hungarian Delegations. 
 
 Austria. The Presidents open the sittings of their respective 
 
 opened, Houses each day at the appointed hour. The first busi- 
 ness of the House is the reception of any communications 
 Reports are or reports which have been sent to it by the Government, 
 
 received. J 
 
 the other House, or any of their committees. Motions 
 are also announced, or are read if the President thinks 
 proper, and in case of need the question is put by him 
 as to how they are seconded. 
 
 absence' Cases of leave of absence which have been granted 
 
 announced, ^y fa G p res jdent, who is empowered to give leave for 
 
ORDER OP BUSINESS. 407 
 
 eight days, are communicated to the House,, other cases Austria- 
 are submitted to it for decision, and the list of the peti- L . 
 tions, which have been received up to the day before Dinted, 
 the sitting, is laid on the table. 
 
 Before the order of the day is proceeded with, or Presence of 
 
 quorum to 
 
 any resolution is passed, the President ascertains whether 
 the number of members necessary for the carrying on the 
 business of the House, viz., 40 in the Upper, and 100 in 
 the Lower, is present. In the course of the sitting the 
 President need not count the House unless a motion is 
 made for that purpose by a member. In the event of 
 the House being adjourned in consequence of there being 
 no quorum, the President fixes the day, hour, and busi- 
 ness of the next sitting as he thinks proper, otherwise 
 his decision with regard to these matters on ordinary 
 occasions may be overruled by the House, but without 
 any debate. The President can also summon the members 
 to hold an extraordinary sitting. 
 
 The sittings of the House are public, unless the sittings 
 
 . public. 
 
 exclusion of strangers is demanded by the President or 
 at least 10 members. 
 
 After every adjournment, minutes of the proceedings Minutes 
 of the day are compiled by the proper officers, and are revisi n- 
 open for revision for 2i hours. Any proposed alteration 
 is first submitted to the President, but if he refuses 
 to authorise it the member who has demanded it is 
 at liberty to bring in a motion on the subject at the 
 next sitting. The minutes, as approved, are then 
 signed by the President and two Secretaries, and are 
 printed and circulated among the members. Short- short-hand 
 hand reports of the proceedings are also made and re 
 published, and to these are attached, as supplements, 
 all bills, motions and reports of committees which have 
 been discussed. 
 
408 ORDER OF BUSINESS. 
 
 Austria- Any member desiring to speak on a question which 
 
 MemSe* 17 ' * s se ^ down among the orders of the day may inform the 
 
 speak ngt President of his intention on the day of the discussion, 
 
 President, before the beginning of the sitting, and must declare 
 
 whether he intends speaking on behalf of or against the 
 
 motion. The list of the speakers whose names have 
 
 been registered before the sitting is to be read by the 
 
 President before the beginning of the debate in such a 
 
 manner that it can be copied. 
 
 Members address the House in the order in which 
 their names were entered in the journal, and it is 
 arranged that a member who wishes to speak against 
 the question begins the discussion, and that, as far as 
 practicable, members may speak alternately for and 
 against the motion. 
 
 Each speaker, as soon as his turn for speaking has 
 arrived, is allowed to change places with another 
 speaker, whose name stands lower on the list, or to give 
 up his right altogether to another member, so long as 
 that member has not already spoken twice on the 
 Member if subiect. A member who is absent, when his name is 
 
 absent loses 
 
 his right. called, loses his right of speaking. After all the mem- 
 bers whose names were inscribed on the list have spoken, 
 others who have announced their intention of speaking 
 
 president are called upon by the President. Should the President 
 
 leaves chair 
 
 himself desire to address the House, he leaves the chair 
 and does not resume it until after the close of the 
 debate. The reporters of committees are bound to 
 speak from the tribune and are allowed to read written 
 reports. They have the power of speaking even after 
 the close of the debate, and can always speak last, even 
 if ministers should have repeatedly spoken on the sub- 
 ject. The reporter of the views of the minority of the 
 committee is entitled to speak once more, even after 
 
ORDER OF BUSINESS. 409 
 
 the close of the debate. The ministers,, the heads of Austria- 
 central boards and their delegates may also speak 
 repeatedly, and read written speeches. 
 
 If a speaker wanders from the subject under dis- Caiia to 
 
 que->tion 
 
 cussion his attention is called to the question by the and order - 
 President. Should he disregard the repeated call of 
 the President, the latter may order him to leave off 
 speaking, but the House has still the power of deciding 
 without debate to hear him. 
 
 If the President has to call a speaker to order be- 
 cause the matter of his speech is objectionable in itself 
 as an offence against morality, propriety, or law (that is 
 to say, for the use of language which, out of the House, 
 would be punishable by law), he may at once silence 
 him. As regards the action of the Houses upon calls 
 to question or to order, the rules are as follows : A 
 member may be silenced by the President on a point of 
 order without any right of objection accruing to the 
 House. In the rules of the Lower House ifc is provided 
 that the House may order the President's decision to be 
 recorded in the official report of the sitting in the 
 journal of the House. 
 
 The President may also silence a member who 
 wanders from the question, but the House may declare 
 that it will hear a speaker who has been silenced on this 
 account, the President's decision notwithstanding. 
 
 A motion to close the debate may be put to the vote ci&ture. 
 at any time in both Houses, and a simple majority 
 suffices to carry it. This must be done, however, 
 without interruption to any speech in actual course of 
 delivery. When a vote to close the debate is passed, 
 each party, for and against the proposition under dis- 
 cussion, chooses one member to make a final speech 
 upon it. If, however, after these two speeches, any 
 
410 ORDER OP BUSINESS. 
 
 Austria- member of the Government rises, the debate is con- 
 mgary. g |^ ere ^ ^ o -fo Q re . O penod. 
 
 urgency. In cases of urgency either House may decide to shorten 
 
 the forms of business. This decision may be taken im- 
 mediately upon the President's declaring an affair to be 
 urgent or on the first reading. The House may either : 
 (1.) Require the report of the committee to be pre- 
 sented within a given time. 
 
 (2.) Proceed to debate immediately after the circu- 
 lation of the report. 
 
 (3.) Dispense with the committee's report. 
 (4.) Allow the question to come on for debate with- 
 out having been placed on the paper. 
 (5.) Dispense with all procedure preliminary to the 
 
 general debate. 
 
 Of these cases the three first may be taken on a vote 
 of simple majority, the two last require a majority of 
 two-thirds of the House. 
 
 In the cases of motions which have for their object 
 the nomination of committees to consider the draft of a 
 resolution or a bill, a decision may be come to at the first 
 reading without previous debate, unless the House de- 
 cides to proceed in the usual manner. Another excep- 
 tion to the general rule of procedure is found in those 
 motions which refer to the management of the business 
 of the House. 
 
 These motions need not be presented in writing, and 
 can at once be put to the vote by the President, even 
 without any previous debate. 
 
 Questions. Each member of either House has the right to 
 
 address questions to the President of the House, and to 
 
 the chairman of the sections and committees, but is not 
 
 at liberty to interrupt a debate. 
 
 inierpeiia- Interpellations which a member desires to address to 
 
ORDER OF BUSINESS. 411 
 
 a minister or the head of a central board, must be pre- Anstria- 
 sented to the President in writing, and be signed by at 
 least 10 members in the Upper and 15 in the Lower House. 
 They are at once communicated to the official to whom 
 the interpellation was addressed. This official may give 
 an answer at once, or fix a later sitting for it, or he may 
 decline answering, at the same time giving his reasons 
 for doing so. The House decides without debate whether, 
 in consequence of the answer to an interpellation, a 
 discussion on the subject of the interpellation is to 
 follow. A motion for that purpose must be brought in 
 during the sitting in which the answer was given, or in 
 the next sitting. 
 
 Both Houses communicate with each other by means Communi- 
 ation 
 of messages, or in writing, by letters signed by their 
 
 Presidents and one of their Secretaries. Motions re~ 
 jected by the House in which they were introduced, are 
 not communicated to the other House. 
 
 Eesolutions with regard to bills and motions, which 
 require the consent of both Houses, are communicated 
 by the House in which they were passed, to the other 
 House. If the latter House adopts such a resolution 
 without proposing any amendment, the ministry is at 
 once informed, and the resolution forwarded to it. If, 
 however, the other House insists on the adoption of some 
 amendments, the motion or resolution is returned to the 
 House in which the first deliberation took place, and the 
 communications between the two Houses are continued 
 until they come to some agreement about the amend- 
 ments. 
 
 If one House wholly rejects the resolution of the 
 other, the latter is to be informed of it. If the resolu- 
 tion refers to a question which, according to the funda- 
 mental law of the parliamentary constitution of the 
 
412 OEDER OP BUSINESS. 
 
 Austria- empire, must be decided by a majority of two-thirds of 
 ' the number of members, the other House must also be 
 informed that such a majority has passed the resolution. 
 In case of any Government bill being rejected by one 
 of the Houses, the ministry must always be informed. 
 
 between n the ^ an a g reemen t of ^ ne two Houses cannot be effected 
 
 two Houses. w itn regard to the budget of the year, to any other 
 money bill, to the recruiting bill, or to any urgent Govern- 
 ment measure, then a conference, consisting of an equal 
 number of members of both Houses, must be formed for 
 the purpose of issuing a joint report, which is discussed 
 first in that House which first passed a resolution on the 
 subject. 
 
 Each of the two Houses can move for such a con- 
 ference, after two resolutions on the subject have been 
 passed by each House, and such a motion adopted by 
 one House cannot be rejected by the other. 
 
 Two chairmen are elected by the conference, one from 
 amongst the members of the Upper House, and the other 
 from amongst the members of the Lower House, who 
 preside by rotation, and it is decided- by lot as to which 
 shall take the chair on the first day. The division is 
 taken by ballot, by means of voting papers upon which 
 the words "Yes" or "No" are written. 
 
 Presidents The Presidents of both Houses have the right to 
 
 may attend 
 
 attend the sittings of the conference with a deliberative 
 voice, the result of the deliberations being communicated 
 to each House through its chairman of the conference. 
 
 HUNGAEY. 
 
 Quorum. For the purpose of debate the presence of 40 members 
 
 is necessary in the Lower and 50 in the Upper House, 
 and of 100 for final decisions, for the first election of the 
 
ORDER OF BUSINESS. 413 
 
 committees and the "Bureau/' and for the election of Hungary, 
 the members of the "regnicolar"* committees. 
 
 At the commencement of a sitting, before anything Minutes 
 
 MttlL 
 
 else is done, the minutes of the previous sitting are read 
 and agreed to. 
 
 This formality having been concluded, the President 
 presents the matters which are to be laid before the 
 House, and the official papers, with a few remarks on 
 their contents. 
 
 The House is then informed of all the petitions which 
 have been presented since the last sitting, with the 
 names of the members presenting them. 
 
 Twice during the week, on Wednesdays and Satur- Motion 
 
 ' books. 
 
 days, the motion and interpellation books are read over, 
 and this reading is considered to be a notice as regards 
 the motions. The House, upon the suggestion of the 
 President, fixes the time, at once and without debate, for 
 taking the motions into consideration, and orders them 
 in the meantime to be printed. 
 
 Every motion and interpellation is entered in a book, 
 which lies upon the table of the House, with the name of 
 the member who makes it, together with a short abstract 
 of its contents. 
 
 The debate having commenced -on the question which commence- 
 stands as an order of the day, no member is allowed to debate. 
 speak on any other subject without the special permis- 
 sion of the House, which can be given on the President's 
 request. The discussion on the principle of a measure is 
 first taken, and until its conclusion the House cannot 
 pass to the consideration of the various clauses. 
 
 * If one country wishes to transact business with another forming 
 a part of the Empire (for instance, Austria with Hungary, or Hungary 
 with Croatia), the respective committees are called "regnicolar" 
 committees. 
 
414 ORDER OF BUSINESS. 
 
 Hungary. The reporter of the committee, or in his absence the 
 proposer of the motion, having delivered his speech, the 
 members wishing to speak, who have previously given 
 notice of their intention to the Recorder of the House, 
 take their turn in the order in which their names have 
 been placed on the list ; but if an equal number of 
 members has been put down to speak for or against the 
 motion, they will be called upon alternately to rise. 
 
 f 'Sin* to ^ mem ^ er k as the right to speak more than once in 
 
 the general debate, or on each clause during the second 
 reading, with certain exceptions. A speech cannot be 
 broken off during one sitting in order to be continued in 
 the next, but a member who has only a quarter of an 
 hour left for his speech before the conclusion of the time 
 appointed for the sitting, has the right of asking that 
 the sitting should be prolonged to the end of his speech, 
 or that an immediate adjournment may take place, so 
 that he may postpone the whole of his remarks to the 
 next sitting. 
 
 If no one rises to speak, when the President an- 
 nounces that the list of speakers has been exhausted, the 
 reporters of the central and special committees, and of 
 the minority, or the mover of the motion, if the matter 
 has not been treated in committee, are allowed to speak 
 once more before the voting takes place. During the 
 course of a debate the ministers, or those authorised by 
 them, can always rise for the purpose of giving any ex- 
 planations which may be required. 
 
 Notwithstanding the above rules, a member may rise 
 at any time if he desires (a) to move the order of the 
 day ; (6) to reply to personal remarks j (c-) to correct 
 any misinterpretation of his words ; or (d) to refer to the 
 rules of the House. 
 
 ^ * s coutrar y to t ^ ie regulations for a speech to be 
 
ORDER OF BUSINESS. 415 
 
 read, and a member speaking may not be interrupted by Hungary, 
 anyone but the President,, who can remind him, if neces- Ambers, 
 sary, that he is wandering from the subject under debate. 
 In the event of the member twice disregarding the Pre- 
 sident's ruling, he may be ordered to discontinue his 
 speech. 
 
 If a member uses expressions offensive to morality or 
 decency, or the dignity of the House, the President calls 
 him to order ; if during the same speech he repeats the 
 offence, the President, after having twice called him to 
 order, stops him from continuing his speech. 
 
 If the President is not satisfied with the speaker's 
 apology, which he has always the right to demand in 
 such cases, the House can, according to circumstances, 
 decide at the President's request upon having a censure 
 entered against him in the minutes of the proceedings. 
 
 In 1886 a new procedure was introduced with regard 
 to unruly members, so that if they persisted in being re- 
 fractory, it was left to the Committee of Privileges to 
 take one of three courses, viz. : (1) the member must 
 solemnly express his regret and beg to be excused ; (2) 
 or the censure of the House may be noted in the minutes 
 of proceedings, in the Official Gazette, and in the boroughs 
 which he represents -, or (3) in cases of repeated miscon- 
 duct, a sentence of temporary exclusion may be enforced. 
 
 No member is permitted to object to the ruling of 
 the President, or to make it the subject of a debate. 
 
 The whole or part of a subject may be referred back 
 by the House to the sections or special committee, and 
 the decision may be postponed until the report has been 
 received. 
 
 Interpellations, which must be entered in a book which interpella- 
 tions. 
 lies on the table of the House for that special purpose, 
 
 ought always to be in manuscript, and can be presented 
 
416 ORDER OP BUSINESS. 
 
 Hungary, at any sitting, except upon the day when the matter is 
 discussed, and a reply is given to them at the same time. 
 
 The House decides from time to time at what hour 
 the interpellations may take place, and when an answer 
 is to be made to them. 
 
 When a minister wishes to reply to any of the inter- 
 pellations directed to him, he informs the House himself 
 or through the President at least one day before or in 
 especially urgent cases he can reply immediately. Under 
 ordinary circumstances, the minister makes his announce- 
 ment with reference to an interpellation within 30 days. 
 
 The House decides by a simple vote, after hearing 
 
 the ministerial explanation and the reply of the interpel- 
 
 lator, whether it will take notice of the ministerial 
 
 answer, or place it on the order of the day for discussion. 
 
 ci6ture. No form of cloture is employed in either House of 
 
 the Hungarian Legislature. 
 
 House of The rules of the Upper House (the House of Magnates) 
 
 contain no provisions which essentially differ from those 
 of the House of Deputies. 
 
 Neither the laws nor the rules of either of the assem- 
 blies provide for the case of the two Houses disagreeing 
 about the amendments to a bill. In former times, before 
 the year 1848, the two Houses met in a common sitting 
 to decide on such cases ; this course, however, became 
 obsolete long ago. 
 
 The Houses communicate with each other by means 
 of written messages. 
 
 If in spite of several messages the two Houses are 
 unable to arrive at an agreement, the bill is postponed 
 until a more favourable moment."* 
 
 * Extract from a letter of M. Brftll, H. B. M. Vice-Consul at 
 Buda-Pesth. 
 
OEDER OF BUSINESS. 417 
 
 BELGIUM. 
 
 The sittings of both Chambers are opened and closed 
 by their respective Presidents,, who after consultation with 
 the Chambers, fix the day of the next sitting, and the 
 order of business. 
 
 Unless otherwise ordered, there is no sittting on a House of 
 Monday or Saturday. The House of Eepresentatives tives? sei 
 usually meets at two o'clock ; half an hour previously a 
 list for the insertion of their names is placed at the dis- 
 posal of members, and at the hour named the President 
 examines the list, when he may either immediately open 
 the sitting, or cause the names of those members who 
 have not already signed to be called over. There is no 
 second call, but the President requests those members 
 who have not answered to inscribe their names. 
 
 In the Senate the names are called over immediately The Senate 
 after the meeting of the House, and this was the case also 
 in the Lower House until 1875, when the rule was altered. 
 
 If the number present is insufficient, an adjournment Procedure 
 takes place to one of the four following days, and the Houses, 
 list of members present is added to the minutes. In the 
 case of there being no quorum, the names of the 
 members present and absent are inserted in the " An- 
 nales Parlementaires," with a mark indicating those who 
 are absent from illness. 
 
 The minutes of the previous day are placed on the Minutes 
 table half an hour before the commencement of the revision, 
 sitting, and any member has the right to object to their 
 form ; and on an objection of this kind being raised, one 
 of the Secretaries obtains permission to speak, in order 
 to give the necessary explanation. If the Chamber 
 decides in favour of the objection, a revised edition is 
 presented at the same or following sitting. 
 
 2 E 
 
418 
 
 ORDER OP BUSINESS. 
 
 Rules as to 
 speaking. 
 
 Belgium. Each day the Secretaries cause a short summary of 
 
 petition? f the petitions,, which have been addressed to the Chamber 
 since the last sitting, to be inserted in the " Annales 
 Parlementaires," with suggestions as to their treatment. 
 If no member makes any other proposition with regard 
 to these during the next three sittings,, the suggestions 
 of the Secretaries are adopted. 
 
 The rules relating to speaking are very similar to 
 those of the French Chamber. ISTo senator or deputy can 
 speak unless he has first inscribed his name on the list, 
 or demanded in his place and obtained, from the Presi- 
 dent, permission to speak. The permission is granted 
 according to the order in which it is applied for. This 
 order is not departed from except for the purpose of 
 arranging the speeches alternately ' ' f or," " upon," and 
 " against " the motions which are being discussed. 
 
 The right of speaking upon the subject generally 
 (sur) is exclusively reserved to speakers who have 
 amendments to propose, which they must lay on the 
 table on quitting the tribune. The speaker cannot 
 address himself to anyone except the President or the 
 assembly, [and he speaks, standing up, from his place, or 
 from the tribune. Every imputation of improper 
 motives, personality, or mark of approbation or the 
 contrary, is forbidden. No one is interrupted when he 
 is speaking, unless for the purpose of calling attention 
 to the rules ; and if a speaker wanders from the ques- 
 tion, the President alone recalls him to it. Should a 
 Caii to the speaker, after having been twice in the same speech 
 
 question. . . 
 
 recalled to the question, continue to wander from it, it 
 is the duty of the President to take the opinion of 
 the Chamber as to whether he shall be silenced 
 for the remainder of the sitting during that particular 
 debate, 
 
ORDER OP BUSINESS. 419 
 
 Xo one may speak more than twice on the same Belgium, 
 question, unless the House otherwise decides. Leave, 
 however, is always granted to ask permission to speak 
 on the position of the question, in order to call attention 
 to the rules, and to answer in a personal matter. 
 
 Demands for the order of the day, for priority, Demands for 
 and for calling attention to the rules (rappel au regie- tiie day. 
 ment) take precedence of the principal question, and 
 always suspend its discussion. 
 
 The previous question, the object of which is to Previous 
 
 question. 
 
 declare that there shall be no further discussion, the 
 question of adjournment, which means that there is 
 ground for suspending the debate or the vote, for a 
 definite time, are put to the vote before the principal 
 motions. 
 
 The order in which questions are put to the vote order of 
 must be such as will ensure that all opinions may be 
 best expressed. In a motion involving several ques- 
 tions, its division may be demanded as a matter of 
 right. When several motions are made on the same 
 point, those which can be put to the vote, without 
 excluding the vote on the others, have the priority. 
 Between motions, of which the vote on some excludes 
 the taking of the vote on others, priority is given to 
 those which are most comprehensive in their nature. 
 
 The member who proposes to question the Govern- 
 ment, announces the intention and the object of his 
 interpellation, either by motion, or by a written de- 
 claration sent to the President, who reads it to the 
 Chamber. 
 
 The Chamber fixes, by sitting and rising imme- 
 diately, or at the following sitting, if the Government 
 request it, the day on which the interpellation shall 
 take place. It cannot in any case bo postponed for 
 
 2 E 2 
 
420 ORDER OF BUSINESS. 
 
 Belgium, more than eight days without the consent of the 
 member who has made the motion.* 
 
 cioture j n the Lower House the close of the debate is 
 
 demanded in the following manner : when it is evident 
 that the debate has been sufficiently protracted, and 
 that the majority are getting tired, or that the minority 
 are merely obstructing the course of business, the 
 Prime Minister and the President of the Chamber are 
 consulted by the whip of the majority as to the advisa- 
 bility of demanding the " cioture." If they are both 
 of opinion that the proper moment has arrived for 
 exercising this right, a hint is given to some of the 
 members near to raise the cry of " La cioture," after 
 a member of the Opposition has concluded his speech. 
 These first cries are merely intended as a warning 
 that the cioture will be demanded immediately. When 
 two more speeches have been delivered, one on each 
 side, and a member of the Opposition always speaking 
 last,f the President, on the cry of " La cioture " being 
 energetically renewed, inquires if the motion is sup- 
 ported by 10 members, and on these rising in their 
 places, puts the question to the vote, which is taken 
 by sitting and rising. 
 
 Before, however, the question is put, permission may 
 be given to speak for or against the motion ; but the 
 speaker is strictly required to confine his remarks to the 
 immediate subject, and no speech can be permitted after 
 the first and second trials of the vote. 
 
 It frequently happens, after the discussion on the 
 cioture has ended, that the minority, in order to cause 
 
 # Adopted 14th June, 1889. 
 
 t It is by custom, not by written rule, that a member of the 
 minority always has the last word. In no case does a member of the 
 Government speak la c t. 
 
UF UirSINESS. 421 
 
 obstruction, or to count out the House, if a quorum Belgium. 
 should not be found to be present, will claim the " appel 
 nominal." Consequently much depends upon the quick- 
 ness of the President in putting the question in the usual 
 manner by sitting and rising, before the obstructionists 
 have had time to demand a call of the names. 
 
 Before closing the discussion on the original subject 
 of debate, the President consults the Chamber as to 
 whether it is sufficiently informed on the question, and 
 if, after the second trial of the vote, the result is again 
 doubtful, the debate continues.* 
 
 In the Senate a similar course is pursued on the 
 application of five members. 
 
 If a member disturbs the business, he is called to Call to order. 
 order by name by the President, who, if any objection 
 is made, consults the assembly, and, on the call to order 
 being maintained, mention of it is inserted in the 
 minutes. If the assembly becomes disorderly, the 
 President threatens to suspend the sitting. Should the 
 disturbance still continue, he adjourns the House for an Disturbance. 
 hour, during which the deputies assemble in their 
 respective sections. At the expiration of the hour the 
 sitting must be resumed. 
 
 DENMARK. 
 
 The daily sittings of the Danish Chambers are opened opening of 
 by their respective Presidents, usually about one o'clock 
 or a little later in the afternoon. In their unavoidable 
 absence the chair is taken by one of the Vice- Presidents. Quorum. 
 In order to make a House it is necessary that more than 
 
 * In the House of Representatives, the cldturehas not been moved 
 for two years. (October, 1889.) 
 
422 
 
 ORDER OF BUSINESS. 
 
 Denmark. 
 
 President. 
 
 Calls to 
 order. 
 
 Disorder. 
 
 Cltture. 
 
 Order of the 
 day. 
 
 one half of the whole number of members should be 
 present. 
 
 The President is responsible for the maintenance of 
 order, and no member can speak without having first 
 obtained his permission. Written speeches are not per- 
 mitted to be read. Permission to speak is usually granted 
 in the order in which it is demanded, except in the case 
 of a personal explanation,, or when it is necessary to 
 change the order so as to ensure that members of opposite 
 opinions should speak alternately. 
 
 The Secretaries of State are entitled to speak as often 
 as they please during a debate. 
 
 Every member is required to submit to the decision 
 of the President on points of order, and when a member 
 has been called to order twice in the same day, the House 
 may, on the motion of the President, resolve that he be 
 silenced for the remainder of the sitting. If general 
 disorder should prevail at any time, the sitting can be 
 temporarily suspended, or adjourned altogether. Ex- 
 pressions of approbation, or the contrary, are not per- 
 mitted. 
 
 If the President considers that a debate is improperly 
 prolonged, he can propose the cloture, which is decided 
 by the Chamber without debate. In the same way, any 
 15 (in the Lands thing 12) members whose names must 
 be read out, may demand that the cloture be put to 
 the vote. 
 
 This motion is not proposed very often ; generally it is 
 only called for when a debate is protracted beyond a 
 reasonable time, or when the time of the House is much 
 taken up, especially at the end of the session. For 
 party political purposes the cloture is seldom made use 
 of. 
 
 The order of the day for the next sitting is usually 
 
ORDER OF BUSINESS. 423 
 
 fixed by the President. It may, however, be fixed by Denmark, 
 the House, if 25 members (in the Landsthing 12) send in 
 a written demand to that effect to the President. This 
 proposal is put to the vote, without discussion, at the 
 next sitting of the House. 
 
 AVhen the order of the day has not been fixed by the 
 House, the President can, after giving his reasons, alter 
 the arangement of the paper, provided that the House 
 gives its consent by a three-fourths majority. 
 
 The sittings are usually in public ; but the House 
 may resolve, on the motion of the President or of 15 
 members (12 in the Landsthing), that the galleries be 
 cleared, 
 
 Xo member may be absent for more than three days Leave of 
 without permission from the President, who can grant 
 leave for a fortnight. 
 
 If a member of either Chamber of the Eigsdag desires interpeiia. 
 to bring a matter before the House, and to obtain an 
 explanation from one of the Secretaries of State, he must 
 forward his question in writing to the President, who 
 notifies it to the House, which will consider at the next 
 sitting whether the question shall be put. If the House 
 consents, the question is sent by the President to the 
 minister, and a day is appointed for it to be asked and 
 answered. 
 
 The rules of the two Houses are so like each other 
 that, except where otherwise stated, it may be under- 
 stood that the rule is the same in both Chambers. 
 
 FRANCE. 
 
 The sittings of both Houses are opened by their opening of 
 Presidents, who direct the deliberations, cause the rules 
 to be observed, and maintain order. On taking his 
 
424 
 
 ORDER OF BUSINESS, 
 
 Trance, 
 
 Rales as to 
 speaking. 
 
 Exceptions 
 to rules 
 relating to 
 speaking. 
 
 seat, the President, if lie thinks that a sufficient number 
 of members are present, declares the sitting opened 
 and calls on one of the secretaries to read the minutes 
 of the previous day.* 
 
 After the adoption of the minutes, and before 
 passing to the order of the day, the President informs 
 the Chamber of any communication which concerns it. 
 
 No member can speak, except after having de- 
 manded and obtained permission from the President, 
 and all speeches are delivered from the tribune, unless 
 a member obtains leave to speak from his place.t 
 A list of those members who desire to speak is kept 
 by the secretaries. In the case of a bill, no name 
 can be inscribed in the list until after the presentation 
 of the report. 
 
 In the debates, speeches are made alternately in 
 support of and against the motion. 
 
 Ministers, { Government commissaries, and reporters 
 are not subject to these rules, and obtain permission 
 to speak when they apply for it. This permission is 
 always granted to a senator or deputy after a member 
 of the Government has spoken, or on any personal 
 matter. Consequently the cloture cannot be demanded 
 if a member or commissary of the Government desires 
 to speak, or until a deputy, if he insists on his right 
 to address the House after a minister, has answered 
 him ; nor can it be entertained so long as a member 
 is speaking from the tribune. The speaker is bound 
 
 * Two sittings can be held on the same day; on the 3rd March, 
 1888, the Chamber decided to have two sittings the first at nine 
 o'clock, and the second at two o'clock Journal Officiel, 1888. 
 
 f Journal Offi.ciel, 1885, p. 86. 
 
 I By the Law of 16th July, 1875, ministers have the entree into both 
 Chambers, and can be assisted by commissaries, appointed by the 
 President of the Republic, for the discussion of a particular Bill. 
 
uRDER OF BUSINESS, 425 
 
 to confine himself to the question, and if he wanders France. 
 from it, the President recalls him to it. 
 
 If the speaker, after having been recalled to the can? to the 
 
 question. 
 
 question twice in the same speech, stilJ continues to 
 transgress, the President consults the Chamber as to 
 whether he shall be silenced on the particular sub- 
 ject for the remainder of the sitting. The decision is 
 taken without debate, by sitting and rising, and in case 
 of doubt the member proceeds with his speech. 
 
 Before closing the debate the President consults ciature. 
 the Chamber, and if permission to speak is demanded 
 for the purpose of speaking against the cloture, it can 
 only be granted to one member. Should there be 
 any doubt respecting the decision of the Chamber after 
 a second vote has been taken, the discussion continues. 
 When the cloture has been once pronounced, permis- 
 sion to speak can only be allowed on the position of 
 the question. The ministers, however, are often heard 
 after the close of the debate, in virtue of the right 
 conferred on them by the Constitution, and permis- 
 sion to speak can also be granted after the close of 
 the discussion on an amendment, when it is demanded 
 for the purpose of withdrawing that amendment.* 
 The motion for the adjournment of the debate to the 
 
 next day has priority over the demand for the cloture. debate. 
 
 The following is the way in which the cloture is cieture, how 
 moved in the French Chamber : When the House is m 
 becoming tired of the debate, or it is desired to interrupt 
 the member who is speaking, one or more members cry 
 out " La Cloture ! La Cloture ! " The President im- 
 mediately puts the question, and if a member of the 
 
 "* Traite Pratique de Droit Parlementaire," par MM. J. Pondra 
 E. Pierre, (1192), page 609. 
 
426 
 
 ORDER OF BUSINESS, 
 
 France. 
 
 Cl&ture. 
 
 M. Gaizot, 
 hi* opinion. 
 
 minority wishes to speak, he is allowed to assign his 
 reasons against the close of the debate ; but no one can 
 speak in support of the motion, and only one member 
 against it. The question is then put by the President, 
 " Shall the debate be closed ? " and if it is resolved in 
 the affirmative, the debate is closed and the main ques- 
 tion is put to the vote. 
 
 As every amendment constitutes a special debate, and 
 the cloture can be demanded upon every debate, it 
 follows that the motion may be made frequently during 
 the same sitting. It is necessary that a quorum should 
 be present, and it is usual for the cloture to be moved 
 without reasons, as there is no provision in the rules 
 for the " c!6ture motivee." 
 
 The rule that the first member who demands per- 
 mission to speak against the cloture shall be allowed to 
 speak, is considered so important that even a member 
 who has just been called to order and informed that he 
 may explain himself at the end of the sitting, has been 
 known to be allowed to speak on the question of closing 
 the debate.* 
 
 The opinion of a distinguished French statesman, M. 
 Guizot, on the efficacy of the closure, given by him 
 before a Committee of the House of Commons on Public 
 Business in 1848, may not here be out of place. Being 
 
 * Bur divers lanes. Aux voix ? La c!6ture ? 
 
 M. Le' President : On demande la c!6ture (oui, oui ! non, non !) 
 
 M. Haentjens : Je n'ai qu'nn mot a dire. J'ai ete rappele & 
 1'ordre. 
 
 M. Le President : Monsieur Haentjens, je vous donnerai la parole 
 a la fin de la seance, suivant le reglement, pour que vous voua 
 expliquiez sur le rappel a 1'ordre. 
 
 M. Haentjens : Alors je demande la parole centre la cloture. 
 
 M. Le President : Vous avez la parole centre la cldture. 
 
 " Annales de T Assemblee Nationale," Vol. XLIV. (1875). 
 
ORDER OF BUSINESS. 427 
 
 asked his opinion as to the value of the power, M. France. 
 Guizot said : fc I think that in our Chamber it was an 
 indispensable power, and I think it has not been used 
 unjustly and improperly generally; calling to mind 
 what has passed of late years, I do not recollect any 
 serious and honest complaint of the cloture. In the 
 French Chambers, as they have been during the last 
 34 years (he was speaking in July, 1848), no member 
 can imagine that the debates would have been pro- 
 perly conducted without the power of pronouncing the 
 cloture." 
 
 In another part of his evidence, M. Guizot states 
 that " Before the introduction of the cloture in 1814 
 the debates were protracted indefinitely, and not only 
 were they protracted, but at the end, when the majority 
 wished to put an end to the debate, and the minority 
 would not, the debate became very violent for protract- 
 ing the debate ; and out of the House, among the public, 
 it was a source of ridicule." M. Guizot also stated that 
 he thought the majority had never abused the power, as 
 even with the power of the cloture, debates had been 
 known to be protracted a fortnight. 
 
 The previous question, the object of which is to 
 
 question. 
 
 declare that there should be no further discussion, can 
 always be moved ; but it cannot be proposed on motions 
 for which urgency is not claimed, except after the report 
 of the Committee of Initiative. 
 
 In order to get rid of this difficulty, a member who urgency in 
 
 . regard to 
 
 wishes to move the previous question may begin by de- 
 manding a declaration of urgency. 
 
 According to the rules of the Senate the previous Rules of 
 question is pronounced without debate, and the principal 
 question is thereby disposed of ; but in the Chamber of 
 Deputies it is a moot point whether a debate may take 
 
428 OEDBB OF BUSINESS. 
 
 France. place on the previous question itself.* It is put to the 
 
 vote before the principal question. 
 
 Demands for The demands for the order of the day, for priority, 
 day have and f or permission to call attention to the rules (de rappel 
 
 precedence. 
 
 au reglement), have always precedence over the principal 
 question, and suspends its discussion. They cannot, 
 however, be moved whilst a deputy is speaking. Amend- 
 ments are put to the vote before the principal question. 
 In complex questions their division is claimed as a right 
 when it is asked for. Bills and motions are voted by 
 articles. The deliberation is always terminated by a vote 
 on the whole. 
 
 Quorum. The presence of 289 deputies, the absolute majority 
 
 of their legal number, is necessary to ensure the validity 
 of a vote. The Bureau of the Chamber ascertains the 
 number of members present, but if there is any doubt, a 
 public ballot, at the tribune is immediately taken. 
 
 This rule as to the quorum is understood to refer to 
 the presence of the required number, and not to their 
 participation in the vote ; so that so long as 289 deputies 
 are present at the time of the taking of the vote, the 
 result is valid, even if less than that number are counted 
 in the division. In the Senate, however, a different 
 view is taken, and a vote is not valid unless 1 51 members, 
 the absolute majority of the House, take part in it. 
 
 Notneces- It is an established rule that the presence of a 
 
 sary for 
 
 deliberation q UCT um is not necessary for deliberation, but only for 
 voting, and accordingly no necessity arises for the 
 presence of a certain number at the opening of the sit- 
 tings, or for the " appel nominal/' as was usual in the 
 Belgian Chambers before 1875. Again, a quorum need 
 
 * " Traite Pratique de Droit Parlementaire," par MM. J. Poudra et 
 E. Pierre (1301), &c,, page 663. 
 
ORDER OP BUSINESS. 429 
 
 not be present for the purpose of fixing the order of the France. 
 day, since it is absolutely necessary that the order of the 
 day for the next sitting, as well as the day itself, should 
 be fixed, and since the decision as to the order of the 
 day is not final, it being liable to be altered the next 
 day by the majority, if they have received notice in the 
 interval.*" 
 
 When a vote cannot be taken in consequence of the Procedure 
 
 when there 
 
 absence of the legal majority, a second ballot on the 
 same question is taken on the following day, when the 
 vote is valid, except in the case of elections, when a 
 third turn is required, whatever the number of members 
 voting may be. The result of the deliberations of the 
 Chamber is declared by the President in these terms : 
 "The Chamber has adopted," or "has not adopted, " 
 as the case may be. 
 
 At the time of the presentation of a bill or motion, urgency. 
 urgency can be demanded in both Houses by the Govern- 
 ment, by the mover, or by any member of the Chamber. 
 A statement of the reasons for this demand having been 
 given, the House decides whether the application shall 
 be complied with. If urgency is declared, the motion is 
 sent to a committee or to the Bureaux. The Chamber 
 can, even by a special resolution, decide on the question 
 immediately. 
 
 Although the rule of the Chamber of Deputies only when it can 
 states that urgency can be demanded at the time of the 
 presentation of a bill, the practice allows it to be moved 
 at all the different stages of the parliamentary procedure, 
 such as on the day on which the bill is distributed, at 
 the moment of the debate on the report of the Com- 
 
 * " Traite Pratique de Droit Parlementaire," par MM. Jules Poudra 
 et E. Pierre (1327-1328), pages 682, 683. 
 
430 ORDER OF BUSINESS. 
 
 France. mittee of the Initiative,, at the opening of the first and 
 second readings, &c. But it has been decided that a 
 declaration of urgency cannot be pronounced either in the 
 middle of the debate on the clauses of a bill, or at the 
 moment when the House has just decided that it will 
 
 Practice in pass to a second reading. In the Senate there is a dis- 
 
 the Senate, r 
 
 tinction between bills which are proposed by the Govern- 
 ment and those which emanate from a private member. 
 In the former case the demand for urgency is decided 
 upon immediately, whereas in the latter the vote is post- 
 poned until the end of the sitting, just before the fixing 
 of the order of the day. If urgency is declared, the 
 Senate, like the other House, refers the matter to a com- 
 mittee or to the Bureaux. After the presentation of a 
 report, urgency can be demanded, and the same rules, 
 as mentioned above, will be followed. The immediate 
 discussion can be resolved on by the Senate on receiving 
 a written demand signed by 20 members. If the motion 
 for urgency is not presented at the commencement of 
 a sitting, it is not considered on the same day, but is 
 put down on the order of the day for the following 
 sitting.* 
 
 Measures in favour of which urgency has been de- 
 clared, are only subjected to a single reading. The 
 Procedure deliberation is carried on at first on the principle of 
 Agency the bill or motion. The President then takes the opinion 
 declared. Q ^ Chamber as to whether it will pass to the 
 discussion of the clauses. If the decision is in the 
 negative the measure is rejected. In the contrary case 
 discussion continues and is carried on exclusively on 
 each of the clauses and the amendments which refer to 
 
 * " Traite Pratique de Droit Parlementaire," par MM. J. Poudra ct 
 E. Pierre, (1262, &c.), page G45. 
 
ORDER OP BUSINESS. 431 
 
 them. Every amendment and additional clause proposed France, 
 in the course of the debate is moved summarily from the 
 tribune. They are referred to the committee as -a 
 matter of right on the demand of a minister or the 
 reporter. If the committal is not demanded, the 
 Chamber decides, after having heard the reporter, as to 
 whether it will take them into consideration, and in this 
 case they are sent to the committee for examination. 
 After the clauses have been voted on, a vote is taken 
 on the whole of the measure, and before the last vote 
 every deputy may give general reasons for or against its 
 adoption. 
 
 Before the final vote the Chamber can also re-commit Re-com- 
 
 mittalof.Bil 
 
 the bill to the committee with a view to its being revised 
 and properly arranged. This re-committal is agreed to 
 as a matter of right, if the committee require it. The 
 bill is then returned by the committee without delay, 
 and the discussion which follows is confined exclusively 
 to the framing of the measure. In the event of urgency 
 being refused, the bill or motion is examined and voted 
 on in the ordinary way. Urgency can be withdrawn on urgency 
 
 nifly Ixs 
 
 the demand of a member of the Chamber, after the withdrawn 
 report of the committee has been presented, but not after 
 the opening of the discussion on the clauses. After the promuiga- 
 final vote has been given, the opinion of the House 
 is taken, on the motion of a senator or deputy, as to 
 whether the President of the Republic shall promulgate 
 the law in three days, according to the law on urgency ; 
 as under the ordinary rules a law is not promulgated 
 before the month following its transmission to the 
 Government, and during this delay the President of the 
 Republic can, by a message explaining his reasons, 
 which is read from the tribune by a minister, demand of 
 the two Chambers a new deliberation, which cannot be 
 
432 ORDER OF BUSINESS. 
 
 France. refused. Laws and decrees are promulgated by being 
 inserted in the Journal Officiel, and come into force in 
 Paris one clear day after their promulgation, and in the 
 arrondissements one clear day after the journal has 
 been received in the principal town. 
 
 interpeiia- Every senator or deputy who wishes to make an 
 
 interpellation,, sends to the President a written demand 
 accompanied by an explanation of its object. The 
 Chamber, after having heard one of the members of the 
 Government, fixes, without debate on the principle 
 (sur le fond), a day when the interpellation shall be 
 made. But according to the rules of the Senate 110 
 debate must take place on either question. Notwith- 
 standing this slight variation, it is admitted in the two 
 Chambers that the author of the interpellation may 
 speak, in order to suggest a different date to that pro- 
 posed by the Government, provided that in doing so he 
 does not refer to the interpellation itself in any way. 
 In the Senate the vote is necessarily taken on the 
 question of fixing the day by sitting and rising; whereas 
 in the Chamber of Deputies, the ballot can be demanded.* 
 Interpellations on home policy cannot be postponed for 
 more than a month, unless the time fixed for the debate 
 
 Rules should occur during 1 a prorogation. No order of the day 
 
 relating to J 
 
 move( * W1 ^ n reasons, and founded on the interpellations, 
 can be presented, unless it has been reduced to writing, 
 and laid on the President's table. The order of the day 
 pure and simple has always the priority, as far as taking 
 the vote is concerned, but this will not prevent the 
 movers of the "ordres du jour motives " from explaining 
 their motions first. 
 
 * "Traite Pratique de Droit Parlementaire," par MM. Jules Poudra 
 et E. Pierre (1550), page 787; (1556), page 700. 
 
ORDER OF BUSINESS. 433 
 
 It may be useful here to explain the difference France, 
 between the order of the day pure and simple (Vordre du 
 jour pur et viuiph] and the order of the day moved with 
 reasons (I'ordre du jour /notice). The former is a mere 
 proposal to pass to the order of the day, and is moved in 
 the following terms: "The Chamber having heard the 
 answer of the minister, passes to the order of the day ; " 
 whilst in the latter case some reason must be given, as 
 "The Chamber, satisfied with the explanations given by 
 the Government, passes to the order of the day." If the 
 order of the day pure and simple is not adopted, and if 
 the re-committal to the Bureaux is not ordered, the 
 President submits the order of the day (Vordre du jour 
 motive), which has been moved with reasons, to the vote 
 of the Chamber. 
 
 If the order of the day pure and simple is laid aside, 
 the Chamber, on the demand of one of its members, can 
 decide that it will re-commit to the Bureaux the exami- 
 nation of the orders of the day, which have been moved 
 with reasons. In the case of re-committal, the Chamber, 
 on the report of a committee, decides as in a matter of 
 urgency. In the Senate the committal to the Bureaux 
 is a matter of right, if demanded by the Government. 
 If the resolution of the committee is rejected, the 
 orders of the day are taken in the order fixed by the 
 Chamber. 
 
 The Government cannot prevent the assembly from Ministers 
 
 need not 
 
 placing an interpellation on the order of the day, but 
 minister is not thereby compelled to give an answer, 
 and may therefore use his discretion as to whether he 
 does or not.* As a rule, the orders of the day are not 
 moved with reasons, except in the case of interpellations 
 
 * V Traite Pratique de Droit Parlementaire," par MM. Jules Poudra 
 pt E. Pierre (1862), page 792. 
 
 2 F 
 
434 OEDER OF BUSINESS. 
 
 France. regularly addressed to the Government,, but when in the 
 discussion on a bill the debate virtually amounts to an 
 interpellation, it may be closed in the same manner by 
 moving the order of the day with reasons.* 
 
 Questions. An interpellation may be withdrawn at any time 
 
 before the vote is taken. 
 
 Questions can be addressed by senators or deputies 
 to the members of the Government at the beginning or 
 end of each sitting, after notice has been given. The 
 
 Disorder in senator or deputv who has put a question has alone 
 
 the House. . r ' 
 
 the right of reply. 
 
 If the Chamber becomes disorderly, and if the 
 President is unable to restore order, he puts his hat on. 
 If the disturbance still continues he announces that he 
 is going to suspend the sitting. If this threat is of no 
 avail, he suspends the sitting for an hour, and the 
 deputies return to their respective Bureaux. At the 
 expiration of the hour the sitting is continued, but if 
 the tumult arises again, the President adjourns the 
 Chamber until the next day. 
 
 Penalties The penalties applicable to breaches of discipline in 
 
 of discipline, the case of members of both Houses are the call to 
 
 order ; the call to order, with the insertion of the name 
 
 in the minutes; the censure; and the censure with 
 
 Can to temporary exclusion from the House. Every speaker 
 
 inscription is called to order who deviates from it, as also is any 
 
 on the 
 
 minutes. member who creates a disturbance. The call to order, 
 with entry of his name on the minutes, is enforced 
 against any senator or deputy who in the same sitting 
 has incurred a first call to order. It is not, however, 
 held that the member's name must be entered on the 
 
 * " Traite Pratique de Droit Parlementaire," par MM. Jules Ppudra 
 et E. Pierre (1862), page 792. 
 
ORDER OF BUSINESS. 435 
 
 minutes in all cases, but merely that the President France. 
 shall give directions for it to be done, if he sees fit. 
 This second call to order carries with it, as a matter of 
 course, the loss for a fortnight of half the payment 
 allotted to members. 
 
 Permission to speak is granted to a member, who, Permission 
 having been called to order, submits himself to the "owed to 
 
 speaker who 
 
 authority of the President, and demands leave to justify 6ubmits - 
 himself. Every member who, not being already autho- 
 rised to speak, is called to order, obtains permission to 
 speak in order to vindicate himself only at the end of the 
 sitting, unless the President decides otherwise. If the 
 call to order is maintained by the President, a note is 
 taken of it by the Secretaries. When a speaker has been 
 twice called to order in the same sitting, either Chamber 
 can, on the proposition of the President, silence him for 
 the remainder of the sitting. It pronounces its decision The 
 by sitting and rising, without debate. 
 
 The censure is pronounced against (1) every member 
 who, after being called to order with inscription in the 
 minutes, shall fail to submit himself to the House; (2) 
 every deputy who, in the space of 30 days, has been 
 called to order three times * (3) every member who 
 in the Chamber has excited disturbance or originated 
 a combination to abstain from taking part in the 
 business of the House; (4) every member who has 
 insulted one or more of his colleagues or a member of 
 the Government. 
 
 Tn the rules of the Senate the above penalty i 
 
 ' 
 
 the Senate. 
 
 attached to a senator who presents a petition from a 
 meeting held on the highway. 
 
 The censure, with temporary exclusion from the censure 
 
 with exclu- 
 - ___. - ign. 
 
 * The provision is omitted from the rules of the Senate. 
 
 2 F 2 
 
436 ORDER OF BUSINESS. 
 
 France. House, is pronounced against every member (1) who has 
 resisted the ordinary censure, or who, during the same 
 session has already twice been subject to it ; (2) who 
 has, in the public sitting, made an appeal to violence, 
 provoked to civil war or to the violation of the con- 
 stitutions ; (3) who has been declared guilty of outrages 
 against the Chamber, or a part of the Chamber, or 
 against its President ; (4) who has insulted one or more 
 members of the Government;* (5) who has been declared 
 guilty of outrage against the President of the Kepublic, 
 the Senate, or the Government. The censure, with 
 temporary exclusion, imposes on the deputy against 
 whom it has been pronounced the obligation of taking 
 no part in the business of the Chamber, and of re- 
 fraining from re- appearing there until the expiration 
 of the day of the fifteenth sitting which follows that 
 in which the decision was come to. In the case of the 
 deputy's refusal to obey the order of the President to 
 leave the Chamber,! and also when the censure with 
 temporary exclusion is applied a second time in the 
 course of the same session to a deputy, the exclusion 
 is extended to thirty sittings. If the deputy re-appears 
 in the legislative palace before the proper time, he 
 is arrested by order of the quasstors and conducted 
 to a place prepared for the purpose, and is kept there 
 for a term not exceeding three days. If the deputy 
 presents himself in the Chamber before the proper time, 
 the President adjourns the sitting, and on his order 
 the deputy is arrested by the quaestors, and kept in 
 custody, as mentioned in the preceding paragraph. 
 
 A senator who has incurred the censure with tern- 
 temporary exclusion is required to leave the Senate 
 
 * The provision is omitted from the rules of the Senate, 
 t Journal Qfficiel, 25, Fevrier, 1890, p. 374. 
 
ORDER OF BUSINESS. 437 
 
 immediately, and to absent himself during the three France, 
 following sittings. In case of his refusal, the sitting 
 is adjourned. It can, however, be resumed. 
 
 The decision of both Houses with regard to both 
 forms of censure is pronounced by " sitting and rising," 
 without debate, on the demand of the President. The 
 member whose conduct is under discussion has always 
 the right to be heard himself, or to depute one of his 
 colleagues to speak on his behalf. The decision is 
 nscribed in the minutes of proceedings. 
 
 The simple censure involves the loss for a month of penalties, 
 half the salary allotted to a deputy, whilst the censure 
 with temporary exclusion from the House deprives him 
 'of it for two months.* 
 
 Both forms of censure involve penalties, the printing 
 and placarding, at the deputy's expense, of two hundred 
 copies (or in the case of a senator one thousand copies) 
 of the extract from the minutes mentioning the censure. 
 The placards are affixed in all the communes of the 
 district by which the deputy has been elected. In the 
 case of a life senator, the placards are affixed in all the 
 arrondissements of Paris, and in all the communes of 
 the department of the Seine. If an offence is com- 
 mitted by a member within the precincts of the parlia- 
 ment buildings, all deliberation is suspended. The 
 President brings the matter before the Chamber, and 
 after the accused, if he wishes it, has been heard, he 
 (being a deputy) may be ordered into custody. 
 
 A senator is required to appear before the Bureau. 
 The Bureau informs the Procureur-G-eneral that a 
 crime has just been committed in the palace of the 
 Chamber of Deputies. 
 
 * The penalty is not applicable to a Senator. 
 
438 OBDIR OP BUSINESS. 
 
 France. Either Chamber can resolve itself into a secret com- 
 
 mittee on an application signed by 20 deputies or by five 
 senators, and the decision is taken without debate. The 
 President, before the adjournment of the sitting, con- 
 sults the Chamber as to the day, hour, and business of 
 the next meeting.* 
 
 Adjourn- Should he neglect to do this, any member may move 
 
 House. the adjournment of the debate to the next or any other 
 day, but cannot move the adjournment of the House, as, 
 according to the terms of the rule, it is the President 
 alone who is authorised to pronounce that the sitting is 
 closed. Inconvenience might arise if the rule were 
 altered, as it often happens that after the order of the 
 day has been fixed, the President has some important 
 communication to make to the House. 
 
 The order of the day, when thus settled, is posted up 
 in the hall of the palace, and published in the Official 
 Journal, 
 
 G-EKMANY. 
 
 The sittings of the Parliament, which are public un- 
 less, on the motion of the President or of 10 members, it 
 is resolved to sit in secret are opened and closed by the 
 President, who announces the day and hour of the next 
 meeting. 
 
 * The following extract is an example of the way the President 
 puts the order of the day for the next sitting : 
 
 " Voici 1'ordre du jour de jeudi." 
 
 " A deux heures seance publique." 
 
 " Suite de la discussion sur 1'election de M. Paul Cassagnac." 
 
 "Discussion des conclusions du rapport du 8 e bureau sur 1'election 
 de M. Darnandet." 
 
 " Suite de 1'ordre du jour." 
 
 "II n-y-a pas d' observation ! " 
 
 " L'ordre du jour est aussi fixe." 
 
 Annales de la Chambre des D6put6s, 5 Nov., 1878. 
 
ORDER OP BUSINESS. 439 
 
 The order of the day for the next sitting of the Germany. 
 Plenum, or sitting of the full House, is announced by the dly. er 
 President at the end of each sitting. 
 
 In case of protests, the House decides whether the 
 protest has any foundation. The order of the day is then 
 communicated in a printed form to the members of the 
 House and of the Federal Council. 
 
 As a rule there is one day set apart in each week on Motion* 
 which motions of members and those petitions which are 
 to be discussed by the whole House are taken first. 
 
 These motions and petitions are discussed in the same 
 order in which they were presented, and no alteration of 
 this order can be made, in the case of motions, if the 
 mover, or in the case of petitions, if 30 members raise an 
 objection. 
 
 The minutes of the daily proceedings which must Minutes of 
 
 proceedings. 
 
 contain the resolutions that have been passed, the inter- 
 pellations with their answers, and the official announce- 
 ments of the President, are laid before the House during 
 the following sitting, and if no objection is raised within 
 that time, they are considered to be agreed to. 
 
 If any objection is raised to their form, and it appears 
 to be well founded, the opinion of the House is taken, and 
 they are altered or not, as the House decides, and are 
 then signed by the President and two Secretaries. 
 
 Ko member is allowed to speak without having first Rules as to 
 
 speaking. 
 
 obtained leave from the President ; and if the latter 
 desires to take part in a debate he must resign the chair 
 to one of the Yice-Presidents. The members of the 
 Federal Council, and the commissioners and their assist- 
 ants deputed by the Council, must be heard at any time, 
 if they demand it, but only those deputies can demand 
 to be heard at once who desire to speak on a point of 
 order. 
 
440 ORDER OP BUSINESS. 
 
 Germany. Members of the House speak from the platform or 
 from their seats, and are not allowed to read written 
 speeches, except when they are not conversant with the 
 
 C uestion G" erman language. If a member in his speech wanders 
 from the question, his attention can be called to it by 
 the President, and after having been warned twice to 
 no purpose, he can be silenced for the remainder of the 
 sitting by a resolution of the House. 
 
 order* ^ n ^ e even ^ ^ a member transgressing the orders of 
 
 the House, the President calls him to order by naming 
 him. A member so named has the right to protest in 
 writing against this proceeding ; whereupon the House 
 at the next sitting decides, without debate, whether the 
 call to order was justified. 
 
 If a representative of the Federal Council speaks 
 after the end of the discussion, he is supposed to have 
 re-opened it. Movers as well as reporters have the 
 right of reply. 
 
 Manner of When at the close of the debate the question is put, 
 
 putting the 
 
 question. anv mem ker may demand to speak on the manner in 
 which the President has put it, and the House gives its 
 decision. The questions must be so framed as to be 
 answered simply by " yes " or "no." In cases where 
 the votes are equal it is passed in the negative. Each 
 member can require the question to be divided, and in 
 cases of doubt, the mover decides with regard to 
 motions ; but in all other cases the House determines 
 whether such a division of the question is admissible. 
 
 cieture. A motion, in writing, for an adjournment or close 
 
 (cloture) of the debate, may be handed in at any time 
 during the debate, but requires the support of 30 
 members. The President then puts the question " that 
 the debate be closed, " and the House, without requiring 
 the mover to defend his motion by argument, and with- 
 
ORDEE OF BUSINESS. 441 
 
 out further discussion, proceeds to vote by show of Germany, 
 hands. Should there be any doubt as to whether the 
 " ayes " or " noes " have it, or if the votes are equal, 
 the motion is lost, and the debate proceeds ; but at any 
 time during its continuance the same process, as regards 
 the adjournment or " cloture," can be repeated, and the 
 sense of the House taken .* 
 
 A motion, pure and simple, to pass to the order of Motions for 
 
 1 order of 
 
 the day, can be put at any time, without being seconded, the da ? 
 the House dividing after one member has spoken in 
 favour, and another in opposition to the motion. This 
 motion cannot be repeated in the course of the same 
 debate if it has already been rejected. 
 
 Motions for the order of the day, with a statement 
 of reasons for their support, are put to the vote before 
 all other amendments, but with respect to proposals of 
 the Federal Council, no such motion is admissible. 
 
 Any question which it is desired to put to the Questions 
 
 and inter- 
 Federal Council must be signed by 30 members, and 
 
 copy of it is transmitted to the Chancellor, who is asked 
 at the next sitting of the House whether he is willing 
 to answer it or not. If the answer is in the affirmative, 
 a day is named by him on which the questioner is per- 
 mitted to explain more fully the reasons for his question. 
 A discussion of the interpellation is permitted after the 
 reply to it, on a motion supported by at least 50 
 members. In the course of this discussion no motion 
 is permitted, but every member is at liberty to renew 
 the interpellation on some future day in the form of a 
 motion. 
 
 * It would seem, in answer to a question forwarded on my behalf 
 by the Secretary of the British Embassy to the Director of the 
 Eeichstag, that during the recent Session, 1889, motions for the cldture 
 were very rarely made. 
 
442 ORDER OP BUSINESS. 
 
 Germany. A list of the decisions taken by the Federal Council 
 Decisions of with regard to the resolutions of Parliament is printed 
 
 Federal 
 
 Council. and circulated. Within 14 days of their circulation 
 every member has a right to send in a statement of his 
 objections to any of the decisions, so long as his remarks 
 are confined to showing that some points have not been 
 satisfactorily explained, or that the information given is 
 incomplete. If this statement has been presented to 
 the President within the proper time, it is forwarded to 
 the Chancellor for his information, and then put down 
 among the orders of the day. No motion can be put 
 during the discussion which follows, but any member 
 can take up the subject again on a future occasion. 
 Those resolutions of the House which have either been 
 agreed to, or rejected by the Federal Council, cannot be 
 the subjects of any remarks. 
 
 D'sturb. If a disturbance arise among the members, the 
 
 President may suspend the sitting for a certain time, or 
 close it altogether. If he is unable to make himself 
 heard, he covers his head, and thereby suspends the 
 sitting for one hour. 
 
 GREECE. 
 
 The regular hour for the commencement of the sit- 
 tings is ten o'clock in the morning,* at which time all 
 the members are expected to be in attendance and to 
 
 Quorum. remain until the end of the sitting. The House cannot 
 discuss or settle any question unless an absolute 
 
 ree n ua ei ma ]' or ^7 * s present. In the case of the votes being 
 equal, the motion is thrown out.t 
 
 * Ten o'clock is the time mentioned in the rales, bat the Chamber 
 meets usually at 4 p.m. 
 
 f The same rule holds good in the House of Lords in England. 
 
 ances. 
 
 Chamber. 
 
ORDER OP BUSINESS. 443 
 
 The sitting is opened and closed by the President, Greece, 
 who, with the permission of the Chamber, fixes the day 
 of the next sitting and the order of business. 
 
 Members who are, from any cause whatever, pre- Absence of 
 
 J members. 
 
 vented from attending any of the sittings, or who are 
 obliged to retire during the debate, are expected to 
 inform the President of the reason of their absence. 
 The names of those members who absent themselves 
 altogether from the sitting or retire from it without such 
 notice are printed in the journal of the House. 
 
 Xo member can be absent from Athens without the 
 written leave of the President, which he shall give after 
 obtaining the permission of the House. In emergencies 
 such leave may be given by the President alone, but 
 he must inform the House of the fact. 
 
 Before the commencement of the sitting one of the List of 
 
 members 
 
 Secretaries reads out the list of members in the alpha- rend, 
 betical order of their constituencies and marks the names 
 of the absentees. The list is signed by the President 
 and two Secretaries and deposited in the office. 
 
 The minutes of the previous sitting are then read and Minutes of 
 
 previous 
 
 confirmed, if necessary, with corrections. This pre- 8ittin s- 
 liminary business having been concluded, the President 
 then informs the House of any notices, motions, or other 
 documents which he may have received. He then pro- 
 ceeds to read the " orders of the day " and invites 
 discussion, and puts the question on each in its proper 
 order. 
 
 No member can speak without the leave of the Rules as to 
 President, and he cannot speak more than twice in any 
 debate unless the House, on the motion of the President, 
 allows him to speak three times. Members must address 
 the House from the tribune, and can only speak from 
 their seats with the special permission of the President. 
 
444 ORDER OP BUSINESS. 
 
 Greece. It is usual for them to speak alternately " for " and 
 written "against" the question. Written speeches are for- 
 bidden. 
 NO Hmit as There is no limit to a debate : th.e debate therefore 
 
 to debate. 
 
 cannot close until all who have entered their names on 
 the President's list have spoken,, or resigned their right 
 to do so. 
 interrup- Members are not allowed to interrupt the speakers 
 
 tions not 
 
 permitted. O r to express their approval or disapproval by words 
 or gestures; on the other hand, members whilst speaking 
 are not permitted to make personal attacks ; and any 
 member disobeying these rules will be called to order 
 by the President, of his own accord or on the motion 
 of another member. 
 
 Ministers. Ministers are permitted to speak as often as they 
 
 may wish to do so, but they can only vote provided that 
 they are members of the House. 
 
 calls to Whenever a member maintains that the order of the 
 
 day is not being adhered to, or that the rules are being 
 transgressed, or that the existing debate has been 
 taken in its wrong order, or he proposes the adjourn- 
 ment of the debate, if his request be seconded by 10 
 members, the House will decide first on these pre- 
 liminary questions, before it takes the final vote on the 
 original question. 
 
 Disturb- Every member creating a disturbance will be called 
 
 to order by the President. If he persists, the fact must 
 be entered in the minutes ; and if he further persists 
 in his disorderly conduct, the House will determine if 
 both his offence and the disapproval of the House shall 
 be entered in the minutes. 
 
 order in the Should the sitting of the House become tumultuous 
 
 House. 
 
 and the President be unable to restore order by ringing 
 his bell, he will stand up in his seat, thus forewarning 
 
ORDER OP BUSINESS. 445 
 
 the House that he intends to adjourn the debate if the Greece, 
 disturbance is continued. Should this fail to restore 
 order, he will adjourn the sitting for a stated time, 
 during which the members will leave the House. After 
 the stated interval, the President will declare the 
 sitting resumed. 
 
 The maintenance of order in the House is declared 
 to be the duty of all the members collectively ; it is 
 enforced through the medium of the President, who has 
 immediate authority over the affairs and guard of the 
 House. 
 
 No person who is not a member is permitted to strangers, 
 enter the House itself or any adjoining room, except 
 the officials. During the sitting, strangers are required 
 to keep absolute silence, and any stranger, showing 
 marks of approbation or disapprobation, and interrupt- 
 ing the proceedings in any way, may be expelled from 
 his place by a constable on duty, and shall, if necessary, 
 be brought before a magistrate. No member or 
 stranger is permitted to enter the House with any 
 weapon or stick. 
 
 Should a disturbance take place in the strangers' gallery, Disturbance 
 the President shall restore order and silence by the recog- gaiiery. 
 nised methods ; one of these being the clearing of the 
 gallery, after obtaining the consent of the House. 
 
 The entrance to the strangers' gallery is free ; ad- 
 mission to other galleries being by tickets, equally dis- 
 tributed to members by the President; but foreign 
 ministers, officers, public employes and newspaper 
 reporters, receive their tickets direct from the President. 
 
 ITALY* 
 The sittings of both the Italian Chambers are opened Pf nin * of 
 
446 OKDER OF BUSINESS. 
 
 Italy. by the President,, and the proceedings commence with the 
 readings of the minutes of the previous day, and the 
 communication of any message or letters which have 
 arrived. If a quorum is not present, the President orders 
 the list of members to be called over, and the names of 
 those who are absent without leave are inscribed in the 
 Official Journal. Those members who have not taken 
 the oath, or who are absent on leave, or in discharge of 
 their duties as members, are not included in calculating 
 the quorum. 
 
 Adjourn- J n the event of a sufficient number not being present, 
 
 sitting. ^ e President adjourns the sitting*. The members of 
 both Houses are forbidden to absent themselves without 
 nSvedfor ^ eave - ^ u *k e House, places are reserved for the 
 Ministers, ministers, the commissaries of the King, and the mem- 
 bers of the committee. 
 
 ?eakin st Nobody can speak without the President's permis- 
 sion, therefore, those members who intend to speak must 
 inscribe their names at the President's table. The names 
 cannot be inserted in the list until after the Chamber has 
 placed on the order of the day the motion upon which 
 the discussion is to turn. The inscription ought to be 
 made alternately "for" and "against/' as the speakers 
 are taken in that order. 
 
 The presentation of a motion (order of the day) re- 
 lating to the argument under discussion does not give 
 the right to speak after the debate has been declared 
 closed. But the proposer of a motion, signed and 
 supported by 30 deputies, will be allowed to explain 
 it if his name has been placed on the list before the 
 cloture. 
 
 Each member speaks, standing, from his own seat, 
 and turned towards the President, but the reports are 
 presented from the tribune* 
 
ORDER OP BUSINESS. 447 
 
 Any imputation of improper motives and every per- Italy, 
 sonality is out of order. 
 
 If the President has twice warned a speaker who per- Members 
 
 twice warned 
 
 sists in wandering from the question, he can silence him 
 
 silenced. 
 
 for the remainder of the sitting during that particular 
 debate; and if the speaker refuses to submit to the judg- 
 ment of the President, the Chamber decides what course 
 shall be pursued, but without debate. 
 
 No one can speak in the Senate more than twice, or Members 
 
 may speak 
 
 in the Chamber more than once, in the same debate, OI)1 y ouce 
 
 3 in same 
 
 same 
 debate, 
 
 except on a call to order, or on the position of the ques- 
 tion, or on personal matters. Deputies who are inscribed 
 on the list of speakers are at liberty to read their 
 speeches, so long as the reading does not exceed a speeches 
 
 may be read 
 
 quarter of an hour. No speech can be interrupted and ^j^lj 
 adjourned for its continuation from one sitting to 
 another. 
 
 Questions which are not on the order of the day Questions 
 
 not on the 
 
 cannot be discussed or decided except in the case of very order of the 
 
 * day. 
 
 great urgency. So, any proposition to make an excep- 
 tion to this rule must be decided by the Chamber, by 
 secret ballot, with a majority of three-fourths. 
 
 Any senator or deputy, who intends to propose an inten-oea- 
 
 1 J tions, inter- 
 
 interrogation or interpellation, must make the demand in 
 
 writing, without entering into details. The President 
 then reads it to the Chamber. 
 
 The interrogation consists of the simple question, 
 whether a fact is true; whether any information has been 
 received by the Government, or is expected; whether 
 the Government intends to communicate to the Chamber 
 the documents which the deputy requires, or has taken, 
 or intends to take any resolution with regard to the 
 matters mentioned. The Minister, to whom the interro- 
 gation is addressed, will declare, if he intends to answer, 
 
448 OKDEK OF BUSINESS. 
 
 Italy. and at what time, unless lie thinks it advisable to give 
 his answer immediately. 
 
 The interrogation is placed on the order of the day, 
 for the day indicated by the Government when the ques- 
 tioner agrees ; or for that day which shall have been fixed 
 by the Chamber,, if the questioner appeals to it from the 
 proposal of the Minister. The answers of the Minister 
 do not admit either of declarations on the part of the 
 deputy or of discussion. 
 
 The interpellation consists of a demand made on the 
 Government as to their motives and intentions. 
 
 Not, later than the following sitting, the minister 
 to whom the interpellation is addressed, declares if, and 
 when, he intends giving an answer. In case of the 
 answer being in the affirmative the Chamber fixes the 
 day for making the interpellation ; in the contrary case, 
 the Chamber gives its decision after having heard the 
 observations of the member who intended to make the 
 interpellation. The interpellation having been accepted, 
 it is explained by its author on the day fixed. After 
 the minister has replied, if the interpellator declares 
 himself satisfied, the matter ends; if not, he has the 
 right of announcing to the Chamber the resolution 
 which he intends to submit for their consideration, and 
 the Chamber fixes the day for its discussion. 
 
 The motion, having been once presented, cannot 
 be withdrawn by the proposer without the assent of 
 the Chamber. 
 
 Motions. A motion can be proposed without having been 
 
 preceded by an interpellation; but the President will 
 not read it in the public sitting, unless those of the 
 Bureaux have authorised the reading, or the motion 
 is supported by 10 deputies. After the reading, the 
 Chamber, having heard the proposer and the Govern- 
 
UKUEK OJ!' BUSINESS. 440 
 
 ment, will fix a day on which it shall be explained and Italy, 
 discussed. 
 
 A member who wishes to ask a simple question, or Questions, 
 to move for a return, after haying given notice, and 
 obtained the consent of the Chamber, puts his request 
 immediately. After the minister's answer has been 
 given no further discussion is permitted. 
 
 Demands for authority to proceed against deputies, Proceeding 
 after having been announced to the Chamber and Deputies. 
 printed and distributed, are transmitted to the Bureaux. 
 Committees, selected by the Bureaux to report upon 
 authorisations to proceed against deputies, must send in 
 their report within 15 days. Should they require 
 documents which the Government refuses to give them, 
 they must report the fact to the Chamber, in order 
 that it may decide if it is necessary that the papers 
 should be communicated to them. 
 
 If, without actually refusing, the Government delays 
 to communicate the required documents, the committee 
 should give notice to the Chamber of the delay ; and 
 the period of 15 days will commence from that on 
 which the committee will have received them. 
 
 When without any of the above reasons for delay, 
 the committee has not reported within the prescribed 
 time, the President of the Chamber will place on the 
 order of the day the demand of authorisation, as it was 
 presented by the Government. Holidays are not in- 
 cluded in computing the prescribed periods. 
 
 The motion for the order of the day pure and simple Motions for 
 
 ' . order of the 
 
 has the priority over orders of the day which are moved ay. 
 for with reasons. These latter must always be in 
 writing, and be laid on the table of the President, so 
 that he may be able to send them to the "House ; they 
 can be explained by the mover, but cannot be made the 
 
 2 G 
 
450 OEDEE OP BUSINESS. 
 
 Italy. subject of discussion unless they have been supported 
 by four other senators. If they are not proceeded with 
 directly, they may be referred for examination to the 
 Bureaux or a committee. 
 
 Motions for The demands for the order of the day. or for leave to 
 
 the order of . c 
 
 the day have call attention to the rules, or for the priority of the 
 
 priority over 
 
 question 1 votes, have the preference over the principal question. 
 In these cases, after the motion has been made, only one 
 speaker against, and one in favour of it, is allowed to 
 address the House. 
 
 In the examination of bills, the debate on the 
 general principle has the precedence. The Ministry or 
 the mover, or, when they have not made the demand, 10 
 deputies can ask that the discussion may be taken 011 
 each part or on each title. The Chamber, having heard 
 one speaker on each side, decides. During the general 
 discussion, or before it is opened, motions (orders of the 
 day) can be presented by any deputy with reference to 
 the bill. A vote is taken on such motions before the 
 conclusion of the debate on the general principle. The 
 general debate having been closed, the Ministers are 
 permitted to make a simple declaration on the part of 
 the G-overnment, and the deputies may, if the Cham- 
 ber assents, explain their votes. But if the ministers 
 still ask to be heard, in virtue of Article 66 of the Con- 
 stitution, the general discussion is re- opened. 
 
 When the Chamber assents, they pass to the discus- 
 sion of the clauses. This consists in the discussion of 
 every clause of the bill, and the vote is taken upon every 
 clause and amendment which is proposed. 
 
 Orders of the day (Article 84) which have been re- 
 jected in the general discussion cannot be proposed again 
 under the form of amendments or new clauses. Should 
 this be attempted, the previous question can be moved. 
 
ORDER OF BUSINESS. 451 
 
 Xew clauses (Article 85) and amendments ought to Italy, 
 be presented in writing to the President of the Chamber 
 at least 24 hours before the discussion of the clauses to 
 which they refer. The President transmits them to the 
 committee. 
 
 No new clause or amendment can be explained, dis- 
 cussed or voted, in the same sitting in which it is pre- 
 sented, unless it is supported by 10 deputies. But the 
 discussion of a new article or amendment proposed in 
 the same sitting will be postponed until the next day, 
 when the government, the committee, or 10 deputies, not 
 including the movers of the amendment, request it. 
 
 Amendments are distributed in print at the begin- 
 ning of the sitting. An amendment withdrawn by its 
 proposer can be taken up by others. Any one with- 
 drawing an amendment has the right to explain his 
 reason for doing so. With respect to amendments, 
 neither the previous question nor the question of ad- 
 journment can be moved, nor the order of the day pure 
 and simple, nor any other order of the day that does not 
 constitute an amendment, except in the case mentioned 
 in Article 84. 
 
 The previous question, which is a motion against Previous 
 discussing the proposal then before the House, and the 
 question of adjournment to a particular time, are dis- 
 cussed in the general debate, but the voting on each has 
 the priority. 
 
 These motions can be proposed by one deputy before 
 the debate has been entered upon, but when it has com- 
 menced they ought to be supported by 15 deputies. 
 Only two deputies, including the mover, can speak in 
 favour, and two against. 
 
 On the close of the debate being demanded, if 10 cistnre to be 
 
 . ^ . supported by 
 
 deputies support the motion, the President puts it to the 10 deputies. 
 
452 ORDER OP BUSINESS. 
 
 Italy. vote ; should there be any opposition, one member on 
 each side is allowed to speak. In the Senate the cloture 
 must be supported by eight senators. 
 
 Rule as to The President is not bound to see that a quorum is 
 
 present, unless he is asked to do so by 10 deputies. 
 
 Disturbance. If a senator or deputy creates a disturbance he is 
 named by the President. The member complained of 
 can make an explanation to the Chamber; but if he 
 objects to the censure which has been passed on him by 
 the President, the latter calls on the Chamber to decide, 
 by rising* and sitting, without debate. If a tumult 
 arises in the Chamber the President covers his head, 
 when the debate ought immediately to cease. If the 
 disturbance continues, the President suspends the sit- 
 ting for a given time, or in the Senate for an hour, or, 
 if necessary, adjourns it. In this last case the Chamber 
 stands adjourned, without further notice, to the next 
 day, not being a festival, at the same hour as the day 
 before. 
 
 JAPAN. 
 order of The President of each House determines the orders 
 
 business. 
 
 of the day, and reports the same to the House over 
 which he presides. 
 
 In the orders of the day, the bills brought in by 
 the Government have precedence, except when the 
 concurrence of the Government has been obtained to 
 the contrary, in case of urgent necessity. 
 
 Prorogation. The Government may at any time order the proro- 
 gation of either House for a period of not more than 
 15 days. 
 
 When either House again meets after the termina- 
 tion of the prorogation, the debates of the last meet- 
 ing are continued. 
 
ORDER OF BUSIX 1 4oo 
 
 In case the House of Peers is ordered to prorogue Japan, 
 on account of the dissolution of the House of Repre- 
 sentatives, the rule set forth in the latter part of the 
 preceding paragraph does not apply. 
 
 Bills, representations, and petitions, that have not BUIS are not 
 been voted upon up to the time of the closing of the JJ^JJJ 1 * 
 Imperial Diet, cannot be continued at the next session. 
 It is, however, otherwise in the case mentioned in 
 Article XXV.* 
 
 The closing of the Diet is effected in a joint meet- closing of 
 ing of both Houses, in accordance with Imperial 
 Order. 
 
 In the following cases, sittings of either House secret 
 
 sittings. 
 
 may be held with closed doors : 
 
 1. Upon motion either of the President or of not 
 
 less than 10 members, and agreed to by the 
 House. 
 
 2. Upon the demand of the Government. 
 
 When a motion to go into secret sitting is made 
 either by the President or by not less than 10 mem- 
 bers, the President causes the strangers to withdraw 
 from the House, and then proceeds without debate to 
 take the votes upon the motion. 
 
 The proceedings of a secret sitting may not be 
 made public. 
 
 AY hen the Budget is brought into the House of The budget. 
 Representatives by the Government, the Committee 
 on the Budget must finish the examination of the 
 same within 15 days from the day on which it- 
 received it, and report thereon to the House. 
 
 Xo motion for an amendment to the Budget caD Amendment 
 
 to the 
 Budget 
 
 * Article XXV. refers to the consideration of bills by a committee 
 dnrinor a recess. 
 
454 ORDER OF BUSINESS. 
 
 Japan. be made the subject of debate at a sitting of the 
 House, unless it is supported by not less than 30 
 members. 
 
 Ministers, ^he Ministers of the State, and the Delegates of 
 
 tfme^ atany ^ ne Government are allowed at any time to speak. 
 But no speech of any member can be interrupted 
 that they may do so. 
 
 When a bill has been referred in either House to 
 a Committee, the Ministers of State and the Delegates 
 of the Government may attend the meetings of the 
 committee and there express their opinions. 
 
 A committee in meeting may, through the President, 
 demand explanations from the Delegates of the Govern- 
 ment. 
 
 The Ministers of State and the Delegates of the 
 Government, except such of them as are members of 
 the House, have no vote in the House. 
 
 Notice of When a meeting* of either a standing 1 or of a 
 
 meeting of a 
 
 SbesSto s P ec i a l committee is to be held, the chairman thereof 
 
 Ministers. mus ^ eve ry time report the fact to the Ministers of 
 State and to the Delegates of the Government con- 
 cerned in the matter to be considered. 
 
 The orders of the day and the notice relating to 
 debates are, simultaneously with the distribution thereof 
 among the members, transmitted to the Ministers of 
 State and to the Delegates of the Government. 
 
 Questions. When a member in either House desires to put a 
 
 question to the Government, he is required to obtain 
 the support of not less than 30 members. 
 
 In putting such question, the member proposing 
 it must draw up a concise memorandum and present 
 it to the President, after he has signed it conjointly 
 with the supporters. 
 
 ?umto a be The President transmits the memorandum on ques- 
 
ORDER OF BUSINESS. 455 
 
 tions to the Government. A Minister of State then Japan, 
 either immediately answers the questions,, or fixes the G 
 date for making such answer, and when he does not 
 do so, he states his reasons therefor. 
 
 When an answer has been or has not been obtained Motion 
 
 thereupon. 
 
 from a Minister of State, any member may move a 
 representation concerning the subject-matter of the 
 questions. 
 
 When either House desires to present an address Addresses to 
 to the Emperor, it presents it in writing ; or the 
 President may be directed, as the representative of 
 the House, to ask an audience of the Emperor, and 
 present it to him. 
 
 The representations of either House to the Govern- 
 ment must be presented in writing. 
 
 No motion for such address and representation can Motion must 
 
 1)6 supported. 
 
 in either House be made the subiect of debate, unless t>y so 
 
 members. 
 
 at least 30 members support it. 
 
 The Ministers of State, the Delegates of the Govern- Ministers 
 
 may attend 
 
 rnent and the Presidents of both Houses, are at liberty conferences, 
 to attend a conference of the two Houses and to express 
 their opinions thereat. 
 
 No strangers are allowed to be present at a confer- 
 ence of the two Houses. 
 
 At a conference of the two Houses the vote is taken vote, how 
 by secret ballot. In the event of the numbers being conference, 
 equal, the chairman has a casting vote. 
 
 The manasrers from the two Houses separatelv elect chairman of 
 
 conference. 
 
 one of themselves chairman of the conference. The 
 chairman thus elected occupies the chair at alternate 
 meetings of the conference. The chairmanship of the 
 first meeting is settled by the drawing of lots. 
 
 All other regulations besides what is provided for in 
 the present chapter, as to any business in which both 
 
456 ORDER OF BUSINESS. 
 
 Japan. Houses are concerned, must be determined by a confer- 
 
 ence of the two Houses. 
 Relations Neither House is allowed to issue notifications to the 
 
 between the 
 
 People. 
 
 people, &c. Neither House is allowed, for the purpose of ex- 
 amination, to summon persons or to direct a member to 
 repair outside the precincts of the House. 
 
 Government When either House, for the purpose of examination, 
 
 must supply 
 
 as ^ s ^ e Government ^ or necessary reports or documents, 
 
 either House. fae Government complies, provided such reports or docu- 
 ments do not relate to any secret matter. 
 
 Except with the Ministers of State and the Dele- 
 gates of the Government, neither House can hold any 
 correspondence with any Government office or with any 
 local assembly. 
 
 Retirements, When a Member of the House of Representatives has 
 
 ifec. of 
 
 members, been appointed a Member of the House of Peers, or has 
 appointed a received an official appointment, which by law disables 
 
 peer vacates 
 
 the Lower ^ m ^ rom being a member, he is considered as having 
 eei 
 
 LOSS of When a Member of the House of Representatives has 
 
 qualification, 
 
 lost any of the qualifications of eligibility mentioned in 
 the Law of Election, he is considered as having retired. 
 on objection When an objection is raised in the House of Repre- 
 quaimcation, sentatives as to the qualifications of any of its Members, 
 
 special com- . x . 
 
 mittee to be a special committee is appointed to examine into the 
 matter, upon a specified day, and the resolution of the 
 House is taken upon the receipt of the report of the said 
 committee. 
 
 Exceptions. Whenever, in a court of law, legal proceedings re- 
 lating to an election suit have been commenced, the House 
 of Representatives cannot institute inquiries into the 
 same matter. 
 
 Until the disqualification of a member has been 
 
ORDER OP BUSIN 457 
 
 proved, lie does not lose either his seat or his vote in the Japan. 
 House. In debates relating to inquiries into his own 
 qualifications, a member, though at liberty to offer ex- 
 planations, cannot vote. 
 
 The President of either House has the power to Leave of 
 grant to members leave of absence for a period not 
 exceeding a week. As to leave of absence for a period 
 of more than a week, permission may be given by the 
 House. No permission can be given for leave of absence 
 for an unlimited period of time. 
 
 No member of either House can absent himself from 
 the meetings of the House or of a committee, without 
 forwarding to the President a notice setting forth proper 
 reasons therefor. 
 
 The House of Representatives has power to accept Resignation 
 
 of a member. 
 
 the resignation of a member. 
 
 When, from any cause whatever, a vacancy occurs vacancy to 
 among the members of the House of Representatives, the to Minister 
 President reports the fact to the Minister of State for 
 Home Affairs, demanding a fresh election. 
 
 For the maintenance of discipline in either House Discipline, 
 during its session, the power of internal police is 
 exercised by the President, in accordance with the 
 present law and such regulations as may be determined 
 in the respective Houses. 
 
 Police officials required by either House, are pro- 
 vided by the Government and put under the direction 
 of the President. 
 
 TV hen, during a meeting of the House, any member caiisto 
 infringes the present law or the rules of debate, or in r 
 any way disturbs the order of the House, the President 
 either warns him, stops him, or orders him to retract 
 his remarks. When he fails to oboy the order of the 
 President, the latter has the power either to prohibit 
 
458 ORDER OF -BUSINESS. 
 
 Japan, him from speaking during the remainder of the meeting, 
 or to order him to leave the hall. 
 
 When the House is in a state of excitement and it is 
 found difficult to maintain order, the President has 
 power either to suspend the meeting or close it for the 
 day. 
 
 Disturb- When any stranger disturbs the debate, the Presi- 
 
 dent may order him to leave the House, and in case of 
 necessity, may cause him to be handed over to a police 
 officer. 
 
 When the strangers' gallery is in a state of com- 
 motion, the President may order all strangers to leave 
 the House. 
 
 When any person disturbs the order of the House, 
 the Ministers of State, the Delegates of the Government, 
 and the members, may call the attention of the Presi- 
 dent thereto. 
 
 Disorderly In neither House is the utterance of expressions or 
 
 the making of speeches, implying disrespect to the 
 Imperial House, allowed. 
 
 In neither House is the use of coarse language or 
 personalities allowed. 
 
 When any member has been vilified or insulted, either 
 in the House or at a meeting of a committee, he must 
 appeal to the House and demand that proper measures 
 be taken. There must be no retaliation among 
 members. 
 
 Disciplinary Both Houses have the power to mete out disciplinary 
 merits. punishment to the respective members, 
 committee In each House there is instituted a committee on 
 
 on disciplin- . . ... 
 
 ary punish- disciplinary punishment for making inquiries into cases 
 of disciplinary punishment. 
 
 When a case for disciplinary punishment occurs, the 
 President, in the first place, instructs the committee to 
 
ORDER OF BUSINESS. 459 
 
 inquire into the matter, and delivers sentence after Japan, 
 haying submitted the case to the consideration of the 
 House. 
 
 "When a case for disciplinary punishment occurs at a 
 meeting of a committee or in a section, the chairman 
 of the committee or the chief of the section shall 
 report the matter to the President and require measures 
 to be taken thereon. 
 
 Disciplinary punishments shall be as follows : Description 
 
 of disciplin- 
 
 1. Eeprimands at an open meeting of the House. 
 
 2. Expression by the offenders of a proper apology 
 
 at an open meeting of the House. 
 
 3. Suspension of the offender from attendance in the 
 
 House for a certain length of time. 
 
 4. Expulsion. 
 
 In the- House of Representatives, expulsion is decided 
 upon by a majority vote of more than two-thirds of the 
 members present. 
 
 The House of Representatives have no power to Member 
 
 expelled may 
 
 deny a seat to a member that has been expelled, when bere-eiected. 
 he shall have been re-elected. 
 
 Any member with the support of not less than 20 M . ot ! on . for a 
 
 * disciplinary 
 
 members, has the right to make a motion for t 
 infliction of a disciplinary punishment. 
 
 A motion for a disciplinary punishment shall be 
 made within three days from the commission of the 
 offence. 
 
 When, for non-compliance, without substantial Member 
 
 5 ' _ absent with- 
 
 reasons, with the Imperial Proclamation of convoca- jjjy 1 ^ 8 
 tion within one week from the date specified therein, or sus P ended - 
 for absence, without good reasons from the meetings of 
 the House or of a committee, or for having exceeded 
 the period of his leave of absence, a member has received 
 a summons from the President and still persists in delay- 
 
460 ORDER OF BUSINESS. 
 
 Japan. ing his appearance without good grounds for so doing, 
 for one week after the receipt of the said summons, he 
 shall, in the House of Peers, be suspended from taking 
 his seat, and the matter shall be submitted to the 
 Emperor for his decision. 
 
 Expulsion of In the House of Kepresentatives, such member shall 
 be expelled therefrom. 
 
 NETHERLANDS. 
 
 Meeting of The President of each House fixes a meeting of the 
 by the House over which he presides, on his own responsibility, 
 
 President. 
 
 as often as he thinks it necessary, or on the application 
 of five members. The sittings commence at 11 o'clock 
 a.m., unless the President of the House considers that an 
 earlier meeting is desirable, on account of the amount of 
 business to be transacted. On Mondays and Saturdays 
 Commence- the Lower House does not meet at all. If it is desired 
 
 ment of 
 
 sitting. to sit in the evenings, the consent of the Chamber is re- 
 quisite. The House will sit with closed doors if a tenth 
 part of the members present demand it, or if the Presi- 
 dent thinks it necessary. Each member, on his arrival 
 in the House, signs his name on a list prepared for the 
 purpose. 
 
 Quorum. As s on as 51 members or in the Upper House a 
 
 majority, viz., 26 have signed, the list is given to the 
 President, who immediately opens the sitting. In the 
 event of a quorum not being present in a quarter of an 
 hour, or in the Upper House in half an hour, after the 
 time fixed for the meeting of the House, the President 
 takes the chair immediately, and reads out the names of 
 the absent members, which are entered on the minutes. 
 He can then inform the House of any papers which have 
 been forwarded to him, and receive the bills which have 
 
ORDER OP BUSINESS. 461 
 
 been presented by the Government. The House is then Nether- 
 imrnediately adjourned by him to the day appointed for 
 the next meeting,, or until another summons for meeting 
 is issued. 
 
 After the House has been made, the first business is if a quorum 
 
 is present 
 
 the reading of the official report of the last sitting by the Jj|<M>ffl cmi 
 Recorder. The report contains, besides the names of the read * 
 members who were present and who spoke or voted on 
 any bill or motion, an abstract of the contents of all the 
 documents laid before the House, as well as a statement 
 of all communications, bills, and motions received by the 
 House, and of the resolutions which have been passed. 
 The report having been approved of, the President gives 
 a short account of the papers which have been addressed 
 
 to him since the last meeting. He then reads all the Resolution, 
 
 AC., re- 
 resolutions and communications which have been received JJj^J^ 
 
 from the Government, unless the Chamber declares it to ment rea<L 
 be unnecessary, and proposes to it to pass such resolu- 
 tions as from the nature of the subject appear to him to 
 be advisable. These papers are printed and circulated, 
 unless the House resolves that they shall merely lie upon 
 the table. 
 
 Should it, on the other hand, be considered that the 
 papers sent in by the Government require a thorough 
 examination, they are referred in the Lower House 
 (onlv) to a committee of five members, to draw up a committee of 
 
 r five members 
 
 report and submit a resolution on them to the Chamber. -Lo^eriiouse 
 The members of this committee are appointed by the 
 President, unless the House decides otherwise. 
 
 In the regulations of both Houses, the c!6ture is cistnre, 
 especially noticed. In those of the First Chamber^ it is 
 laid down that if five members desire the closing of the First 
 
 Chamber. 
 
 debate preceding the speech in defence of the proposal, 
 the President puts it to the vote after the members have 
 
462 
 
 OEDER OF BUSINESS. 
 
 Nether- 
 lands. 
 
 Second 
 Chamber. 
 
 Rules as to 
 speaking. 
 
 Exception 
 when mem- 
 ber desires 
 to make a 
 pefsonal 
 explana- 
 tion, &c. 
 
 been heard who wish to support or oppose the cloture. 
 When the cldture has been agreed upon, the members 
 must not again ask to speak on the proposal, except 
 after it has been defended by the Heads of Departments 
 of the Government or Commissaries of the King, or by 
 members by whom a proposal has been made. The 
 latter are allowed to speak whenever and as often as 
 they desire it, not, however, before the member who is 
 actually speaking has finished his speech. 
 
 The wording of the rules on the same subject in the 
 Second Chamber is somewhat similar, viz. : Every 
 motion of order for the closing of the debate must, 
 before the President can put it to the vote, be supported 
 by at least five members. The motion for the cloture 
 must not be accompanied by reasons. In this and all 
 other cases, the members show their support by standing 
 up, and the names of these members are called over by 
 the President. No debate can take place on the motion 
 for the cloture, but the President asks, before putting it 
 to the vote, whether the ministers or Commissaries of 
 the King, or the proposers, desire to speak further on 
 the question under discussion. 
 
 No member of either Chamber is allowed to speak 
 in a debate before he has asked for, and obtained, leave 
 from the President to do so. 
 
 Permission is usually granted to members in the order 
 in which their applications have been received. This 
 rule is, however, relaxed when any member desires to 
 make a personal explanation, or rises to speak to a point 
 of order, or if he objects to the manner in which a 
 question has been put_> in which cases the permission to 
 speak is granted on the condition that the different 
 speakers follow each other according to the precedence 
 of the reasons enumerated above. Any member desiring 
 
ORDER or BUSINESS. 463 
 
 to speak on a personal matter must give previous notice Nether- 
 o his intention. 
 
 The members speak from their usual places standing. Call to order. 
 Xo speaker must be interrupted in his speech, unless he 
 has to be reminded that he is disregarding the rules of 
 the House. If a member uses offensive expressions, he 
 is warned by the President and called to order ; and 
 should he deviate from the subject under discussion, he 
 is recalled to it by the President. If he takes no notice Caiito 
 
 question. 
 
 of this caution, the President asks the House to with- 
 draw from him permission to speak during the remainder 
 of the debate. 
 
 Xo member is allowed to speak more than twice on Member my 
 
 * not speak 
 
 the same subject, unless the Chamber grants him per- 
 
 mission to do so. Notwithstanding this rule, he has a 
 right to speak on any personal matter, and to explain or 
 reply upon an amendment of his own. 
 
 If a member is desirous of obtaining information interpeiia- 
 from the Government with regard to some particular 
 subject which has been introduced by himself, and has 
 no connection with the order of the day, he requests 
 the permission of the Chamber to put the necessary 
 questions. The Chamber, when it grants permission, 
 at the same time appoints a day on which the interpel- 
 lation is to be made, and requests the attendance of the 
 particular minister who can give the required informa- 
 tion. If the matter is urgent, and the minister happens 
 to be present, the question can, by leave of the 
 Chamber, be asked and answered immediately. 
 
 All signs of approval or disapproval on the part of 
 strangers are forbidden. The President sees that the 
 prohibition is carried out, and that proper silence is 
 observed. In cases of infringement, he can order Disturbance. 
 strangers to be removed from the House. 
 
464 OKDEK Oi 1 BUSINESS. 
 
 PORTUGAL. 
 
 Both Cliainbers sit every day, except on holy days, and 
 days of national mourning. At 12 o'clock in the day, in 
 the Chamber of Deputies, and 2 o'clock in the Chamber 
 of Peers, the names are called over, and after having 
 ascertained that a third part of the total number of 
 deputies is present, or 19 peers (which is the quorum of 
 the Upper House), the President rings his bell, and de- 
 clares that the sitting is opened. 
 Duration of The sitting in the Upper House continues three 
 
 sitting. 
 
 hours, that in the Lower five hours ; three at least being 
 devoted to the discussion of the order of the day, and one 
 given to the deputies, that they may have an opportunity 
 of speaking before the order of the day is entered on. 
 
 At the hour of closing, the President, after giving 
 out the order of the day for the next sitting, says, <e The 
 sitting is closed." 
 
 If there is no quorum at 1 o'clock, the Chamber is 
 immediately adjourned, and in this case the names of 
 the deputies present are inserted in the Journal. The 
 sitting continues, if, when the hour of closing arrives, any 
 deputy or minister of state is speaking, and wishes to 
 conclude his discourse. 
 
 opening of The sitting being opened, the second secretary reads 
 the record of the previous sitting^ and if no objection is 
 raised, it is considered as approved. 
 
 order of After the reading of the record, business is proceeded 
 
 business. 
 
 with in the following order : (1) Communications made 
 to the Chamber by the President ; (2) Reading or men- 
 tion of correspondence j (3) Reading of representations 
 addressed to the Chamber ; (4) Approval of the last re- 
 visions (5) Second readings of projects of law, and of 
 proposals and requirements of deputies, which depend on 
 
ORDEJE OF BUSINESS. 465 
 
 the resolution of the House ; (6) Presentations of pro- Portugal. 
 posals of law from the Government (7) Presentation of 
 reports of committees ; (8) Leave to speak granted to 
 deputies who have inscribed their names before the order 
 of the day ; (9) Order of the day. 
 
 The debate on the business placed on the order of Rnies as to 
 the day can only be interrupted (1) When the Presi- S deiate! n 
 dent has to make some communication to the House of 
 urgent importance, or to obtain its approval of the last 
 revision of any project; (2) When it is necessary to give 
 permission to speak to some member of a committee, or 
 of the House, or to a Minister of State, for the purpose 
 of expressing his opinion, or of making some urgent com- 
 munication on the part of the Government ; (3) When 
 some deputy asks leave to speak in explanation of some 
 urgent business. 
 
 If the debate on the order of the day terminates 
 before the hour fixed for the adjournment, the rest of 
 the time is employed, according to the judgment of the 
 President, in further considering those matters which 
 are usually considered before the order of the day. 
 
 After a member has given notice of an interpellation, 
 a copy must be sent, on the same day, by the first 
 Secretary, to the minister or ministers who have to be 
 interrogated. The President of the Chamber, on being 
 informed that the ministers are ready to reply to any of 
 the interpellations, appoints the day on which these shall 
 be put. Interpellations can also be taken before the 
 order of the day, whenever the respective ministers 
 declare themseves ready to reply. 
 
 The member who presents the interpellation, and the 
 minister who has to answer it, are the only members 
 who can take part in the discussion, each being allowed 
 to speak twice, and the President cannot give leave to 
 
 2.H, 
 UNIVERSITY I 
 
466 ORDER OF BUSINESS. 
 
 Portugal, any other member to speak without the previous consent 
 May become of the House. If the interpellation should turn upon 
 
 a general 
 
 debate. anv important political or administrative point,, the 
 debate becomes unrestrained, and is conducted according 
 to the usual regulations. 
 
 Sted terml " Interpellations may be terminated by the presenta- 
 tion and voting of a proposal which expresses the 
 judgment of the Chamber on the matter which was the 
 object of the interpellation. 
 
 Deputies Deputies have the right to present written proposals, 
 
 proposals, petitions, projects of law and amendments, of giving 
 notice of interpellations, and of questioning a Minister 
 of State, and of taking part in all the discussions which 
 arise in the Chamber. 
 
 These rights are, however, subject to the condition 
 
 List of of the deputy's name beinsc inserted in the list of 
 
 speakers. x ? 
 
 speakers, and of his having obtained permission to speak 
 from the President. 
 
 For this purpose there are two general inscriptions : 
 (1) Before the order of the day, the deputy being able, 
 when the permission is granted him, to present any 
 representations, motions, or bills, or to send up to the 
 table notices of interpellations ; (2) To take part in any 
 discussion. In the first case, permission has to be asked 
 after the approval of the record ; in the latter it can 
 only be requested and granted after the President has 
 declared the subject open for discussion. 
 
 Any deputy who asks permission to take part in the 
 debate on any question, must state whether he is in 
 favour of, or against it. 
 
 The permission requested before the order of the 
 day, is granted according to the priority of inscription. 
 
 Notices of interpellations are read at the table, and 
 dispatched at the same sitting. 
 
OEDER OF BUSINESS. 467 
 
 Besides the general inscriptions already mentioned, Portugal, 
 there are others for the presentation of petitions, pro- 
 posals of urgency, and motions of order. A deputy who 
 asks permission to speak upon a point of order, and 
 obtains it, must at once declare the motion of order 
 which he proposes, and must confine himself to the 
 question, as otherwise the permission will be withdrawn 
 by the President. 
 
 Upon questions of order no member can speak more 
 than once, nor in other discussions more than twice. The 
 following, however, are excepted : (1) The movers of 
 the proposals or motions; (2) The deputy who opens the 
 debate; (3) The reporters of committees and the Ministers 
 of State, all of whom may speak more than once on any 
 question. 
 
 Permission to speak is granted alternately to the 
 deputies inscribed as against or in favour of a motion, 
 the debate being opened by the first speaker who is in- 
 scribed as opposing the motion. Ministers of State 
 speaking in the name of the Government, reporters of 
 committees on the question under discussion, and authors 
 of proposals, may interrupt the order of speaking, and 
 obtain leave to speak on asking for it. Every member 
 must address his remarks to the President of the Cham- 
 ber, and speaks either from his own place or from the 
 tribune. 
 
 Xo interruption is permitted, nor are any expressions interrup- 
 of opinion tolerated, with the exception of < ' seconded," 
 " supported/' and " hear," or others of a similar kind, 
 which are uttered during a discussion, and are not con- 
 sidered out of order. 
 
 A member who makes any offensive remarks may be Call to order, 
 warned by the President, and, if he persists, can be 
 silenced for the remainder of the debate. 
 
 2 H 2 
 
468 QKDEK Of BUSINESS. 
 
 Portugal. Should the discussion degenerate into disorder,, and 
 Disorder. .j.j ie p^g^ent no fc ^Q Q^IQ o q ue n it, he will, after having 
 rung the bell three times, put on his hat and declare the 
 proceedings interrupted or concluded. In both cases the 
 deputies must immediately quit the hall,, and strangers 
 the galleries, and business cannot be resumed until 
 after the lapse of half an hour at least. 
 
 Speakers are also prohibited from alluding in any 
 way to the King or his opinions, and from referring to 
 the debates of the other Chamber, but they may, if they 
 have been attacked in that Chamber, give an explana- 
 tion. 
 Written Written speeches are not allowed, but this prohibition 
 
 speeches* 
 
 does not extend to the reading of reports which precede 
 the introduction of proposals or projects of law. 
 
 Order of The deputies speak according to the order in which 
 
 their names were inserted in the President's list, and 
 should a speaker be absent when his name is called 
 by the President, it will be inscribed afresh at the 
 bottom. 
 
 Can to No deputy may be interrupted in his speech, unless 
 
 he is considered to be wandering from the subject under 
 discussion, when he may be called to order by the 
 President ; and if the President fails to perform this 
 duty, any member can call upon him to do it, but he 
 must never address the speaker personally. 
 
 Every deputy who has been called to order must 
 submit to the ruling of the President, unless recourse 
 has been had to a special vote of the Chamber, which 
 he may demand, if he maintains that he was not out of 
 order. In no case, if a deputy submits to the call to 
 order, can he be prevented from speaking to the question 
 of order. 
 
 Any deputy is at liberty to move amendments to the 
 
ORDER OP BUSINESS. 469 
 
 matter which is under discussion, by way of addition, Portugal, 
 alteration, and omission. 
 
 In any stage of the debate, a question or motion of ^jj? ns of 
 order may be raised. Motions of order are : The 
 previous question, the adjournment, an appeal to the 
 rules, the presentation of proposals to omit, amendments, 
 substitutions or additions, and the motion to pass to the 
 order of the day. 
 
 The previous question is always proposed when a Previous 
 deputy moves that the Chamber, for some reason, shall 
 not deliberate on the question under discussion ; and 
 being supported by five members, it will be admitted 
 for consideration, and the question will be put before 
 the principal one. 
 
 The adjournment may be for an indefinite or fixed Adjourn- 
 time. On its being proposed by a deputy and sup- 
 ported by five other members, it is immediately con- 
 sidered, and may take the place of the principal 
 question. This motion, if repeated, cannot be proposed 
 again on the same grounds. 
 
 A matter which has been adjourned indefinitely 
 cannot be brought under discussion again in the same 
 annual session. 
 
 Any deputy may withdraw his proposal before it 
 has been admitted by the Chamber, but after admis- 
 sion it can only bo withdrawn by consent. Should 
 any member adopt as his own the proposal which it 
 is intended to withdraw, he is subject to the same 
 rules as the original proposer. 
 
 A debate is closed either by the list of speakers cistnre. 
 being exhausted, or by a special motion being made 
 without discussion, that the vote be taken on the 
 question which is before the House. If this is de- 
 cided in the affirmative, the original or principal 
 
470 
 
 ORDER OF BUSINESS. 
 
 Portugal, question is immediately put, and the House proceeds, 
 if necessary, to a division. 
 
 The debate may also be brought to a close when, on 
 the motion of any peer, the matter has been deemed to 
 be sufficiently discussed. 
 
 Unlike the rules of the Lower Chamber, which lay 
 down no limit as to the time at which the close of the 
 debate may be proposed, those of the Upper House do 
 not permit any peer to ask that its opinion shall be taken 
 as to whether a matter has been sufficiently discussed, 
 unless at least two peers have spoken in favour of the 
 question and two against it ; he can then ask leave to 
 speak, stating at the same time that he does so in order 
 to consult the Chamber as to the closing of the discussion, 
 and then no peer who has already asked permission to 
 speak is allowed to do so. 
 
 At any stage in the debate, an adjournment thereof 
 may be proposed, either on the ground that the discus- 
 sion is inexpedient for the public service, or that the 
 Chamber is not sufficiently acquainted with the matter, 
 or for any other reasonable motive. 
 
 An adjournment may be either for an indefinite or a 
 specified time, and it may be proposed by one peer, but a 
 previous decision on the part of the Chamber is requisite 
 for its discussion to be commenced ; if an adjournment 
 is admitted, it takes the place of the question for which 
 it is substituted, and is decided before it. 
 
 The rules of speaking, as well as those relating to 
 order, are the same in both Houses. 
 
 Adjourn- 
 ment. 
 
 Sitting of 
 the C<5rtes. 
 
 SPAIN. 
 
 The sittings (sesiones) of the Cortes take place every 
 day, except on the occasion of festivals and other holy 
 
ORDER OF BUSINESS. 471 
 
 days. They usually last six hours until the House has Spain, 
 been definitely constituted, and four subsequently, and 
 in both cases they may be adjourned sine die by resolu- 
 tion of the House, on the motion of the President or at 
 the request of a deputy. Private and extraordinary 
 sittings in case of urgency can also be held, when occa- 
 sion requires. 
 
 At an ordinary meeting of either House, the opening of 
 
 s i t ting 
 
 President opens the sitting with the formula ' ' The sit- 
 ting is open " (abrese la sesion], and closes it with the 
 words " The sitting is over " (se levanta la sesion) . 
 
 After the sitting has been thus closed, no senator or 
 deputy is allowed to speak, and any business which is 
 attempted to be done is null and void. 
 
 In order to make a House, it is necessary that at least Quorum 
 
 in the 
 
 70 deputies should be present, and this number is suffi- congress, 
 cient for the passing of any resolution, other than the 
 definitive vote on a bill, which requires the presence of 
 an absolute majority. 
 
 Deputies who require to be absent for more than eight Leave of 
 days, must obtain the leave of the House', which will be 
 granted, so long as there is no danger of the number left 
 being insufficient for the passing of bills. 
 
 In the Senate, there must be present, at the open- Quorum in 
 ing and during the sitting, not less than 30 senators, 
 and 40 will be sufficient for passing any resolution 
 which is not the definitive vote on a bill, in which 
 case the presence of an absolute majority of senators, 
 whose returns have been duly certified, is necessary. 
 
 After the minutes of proceedings of the previous General 
 pitting have been read, and before passing to the order fcoth nouses, 
 of the day, it is usual for the House to receive any 
 communications which have been addressed to it by the 
 Government, as well as any proposals of which notice 
 
472 ORDER OF BUSINESS. 
 
 Spain, lias been given by private members. If in these com- 
 munications from the Government any of its acts are 
 submitted to the judgment of the House, they are im- 
 mediately referred to the sections for their considera- 
 tion. The ordinary method of transacting the business 
 of the day is as follows : After the report of a com- 
 mittee has been read, the President fixes on some future 
 day for its discussion, it being contrary to order for the 
 question to be considered on the same day on which it 
 was reported, and, moreover, necessary that the report 
 should be printed and circulated. 
 
 order of When the report is of great length and of an im- 
 
 portant character, the debate takes place on the whole 
 of the measure, and then on the clauses, the general dis- 
 cussion being on the principle and expediency of the 
 bill. 
 
 Limit as to Contrary to what is usual in other countries, in Spain 
 
 speakers, the number of speakers 011 each side in a debate is fixed 
 since no discussion, whether general or special, can be 
 closed, unless three senators or deputies on each side 
 have addressed the House. If, however, it should so 
 happen that no deputy has asked leave to speak against 
 the question which is before the House, the voting is 
 proceeded with without delay. When the ordinary 
 debate has been prolonged by a resolution of the House, 
 the House will, on the motion of one or more senators 
 or deputies declare when the subject has been sufficiently 
 discussed. 
 
 Debates, how Debates are conducted by two deputies speaking 
 
 conducted. * 
 
 alternately against and for the motion under discussion, 
 according to the order in which they have asked leave 
 to speak, no deputy being allowed to speak without first 
 having asked for and obtained permission. In every 
 case a member may speak again to correct mistakes 
 
ORDER OP BUSINESS. 473 
 
 which may have arisen, but he must confine his remarks Spain, 
 to the special object for which he rose. 
 
 Every speech is delivered viva voce* and is continued Rule as to 
 without interruption,, unless the hour of adjournment has SP 
 arrived, a special resolution of the House being required 
 to enable a speaker to continue his speech in the 
 following sitting. Any deputy may at any time during 
 the debate call attention to the rules, and ask for their 
 observance, quoting the particular articles the applica- 
 tion of which he claims ; he may also, if personally 
 alluded to, rise for the purpose of giving or demanding 
 an explanation, and the member who has used the 
 expressions complained of is permitted to reply. 
 
 Xo one can be interrupted when he is speaking, 
 except to be called to order or to the question by the 
 President. 
 
 The attention of deputies is called to the question calls to 
 whenever it is evident that they have wandered from it, 
 either by remarks which are foreign to the point which 
 is being discussed, or by recurring again to a matter 
 which has already been decided. In the same way a 
 deputy is called to order who persists in infringing the 
 established rules of debate, or is gujjfejr of using ex- 
 pressions of an unparliamentary character. 
 
 Should the same deputy be called to order three 
 times in the same day, the President may consult the 
 House as to whether he shall be silenced for the 
 remainder of the sitting, and on the question being put, 
 the deputy whose conduct is under discussion is per- 
 mitted to rise and offer explanations. 
 
 If, during a discussion, any motion is made which is incidental 
 intended to determine the course of the debate, the m 
 
 * So in original, meaning presumably that it must not be read. 
 
474 ORDER OF BUSINESS. 
 
 Spain, House, after hearing the mover, will immediately 
 come to a decision as to whether it shall be adopted 
 or not. 
 
 Previous The motion that the question before the Chamber be 
 
 question. 
 
 not discussed has always the preference over every other, 
 but it cannot be moved when any constitutional law pro- 
 posed by the Government is under discussion, although 
 recourse may be had to it in the case of a debate on a 
 law proposed by a private member. 
 
 These two motions are not subject to the general 
 rule which requires that such proposals as are not in the 
 nature of a bill shall be seconded by seven members, 
 cisture. rp^ d^ture may be said to exist indirectly, and to 
 
 result from the action allowed to the President on the 
 order of parliamentary discussion. This action may be 
 brought to bear by him, at his own discretion, in order 
 to postpone until the next sitting the discussion of any 
 question in the orders of the day then before the 
 Chamber. The question next in order must then be 
 debated. 
 
 The effect of this procedure is to facilitate the busi- 
 ness of the Government, by enabling them either to 
 adjourn or bring on any particular discussion during a 
 particular sitting : in fact, it enables them to arrange 
 the business before the Chamber as best suits their 
 convenience. The President has not the power of 
 arbitrarily declaring the sitting closed, but can only do 
 so in the case of general disorder in the Chamber which 
 cannot otherwise be dealt with. 
 
 The Presidents of both Chambers are virtually 
 nominated by the Government, although in theory 
 elected irrespective of political bias. Their action, 
 therefore, on all discussions may be said to emanate 
 directly from the ministry, which thus indirectly obtains 
 
ORDER OF BUSINESS. 475 
 
 the control, more or less, over all debates on the ques- Spain. 
 tions of the order of the day.* 
 
 After the debate and voting on the clause of a 
 measure has been concluded, it is referred to the com- 
 mittee of " correction of style " for revision, and then 
 submitted to the definitive vote of the House. 
 
 When a bill has been rejected totally or partially, a Rejection of 
 vote is taken, as to whether it shall be returned to the 
 committee which has previously considered it, to be 
 drawn up afresh. 
 
 Order is required to be maintained in all parts of Maintenance 
 the House, and if at any time the disturbance is so 
 great that the President cannot quell it, the sitting is 
 adjourned. 
 
 SWEDEN. 
 The two Houses of the Eiksdag are always summoned Manner of 
 
 summoning. 
 
 to their daily business by notice, which must be posted 
 up at the latest by 6 o' clock of the afternoon of the 
 previous day ; and when any very special matter is to 
 be discussed, such as a disagreement between the two 
 Chambers on the questions of State expenditure, &c., 
 mention of it must be made in the notice, and it is 
 always placed first on the order of the day. 
 
 Subject to this rule, the list of business, which is List of 
 
 business. 
 
 made up at the conclusion of each sitting for the next 
 meeting by the chancelleries, is usually arranged in the 
 following order : 
 
 (1.) Bills or communications from the King, and 
 motions raised in the Chamber. 
 
 * Parliamentary Paper : " Reports respecting the Practice and 
 Regulations of Legislative Assemblies in Foreign Countries. Mis- 
 cellaneous?, No. 1 " (1881), page 15. 
 
476 OKDER OF BUSINESS. 
 
 Sweden, (2.) Proposals and amendments received from the 
 
 committees or chancellery of the Kiksdag. 
 (3.) Reports from the revisers and attorney-general 
 
 of the Riksdag. 
 
 (4.) Reports from the permanent and special com- 
 mittees. 
 
 (5.) Private business. 
 
 In this list, which is to be followed in the disposal of 
 business, alterations for the next meeting may be resolved 
 on; and when a motion for such alteration has been 
 made, a resolution is immediately passed. 
 
 The above list, and the alterations resolved on, must 
 
 be at once communicated tc the other Chamber. If 
 
 Prolongation during a morning sitting its prolongation during the 
 
 afternoon be found necessary, notice should be given 
 
 before 1 o'clock in the day, and the Chamber be informed 
 
 thereof by the President j and if, in accordance with a 
 
 previous resolution, an election is to take place at the 
 
 meeting, it should be notified in the summons. 
 
 Rules as to During the sittings of the Houses, members are eri- 
 
 speaking. 
 
 titled to speak on any question brought under considera- 
 tion, and on the legality of what takes place in the 
 Chamber. Each member speaks in the order in which 
 he has asked to be heard, and is expected to confine his 
 remarks to the business before the House. 
 
 Reports of Reports presented by a Standing Committee, or one 
 
 committees, specially appointed in its place, must be laid before the 
 Houses, as far as possible simultaneously, before the 
 question can be finally decided. After the first com- 
 munication of the report it is laid on the table of the 
 House. 
 
 At the time of the next reading, whether the debate 
 takes place or not, the report may be again ordered to lie 
 on the table at the joint request of more than one mem- 
 
OEDEE OF BUSINESS. 477 
 
 her. But when the question is taken up a third time, it Sweden, 
 must be finally decided. 
 
 Eeports from special committees are laid before the JkJgjJ 8 fro 
 House which appointed them, and the question is then commiitees - 
 further proceeded with as above mentioned. The pre- 
 paratory recommendations and inquiries made by a com- 
 mittee must at once be decided upon, unless any member 
 should demand their being first laid on the table. 
 
 When a question is to be finally decided, all matters 
 referring to it must be read aloud, if any member should 
 so request, and no question on which a debate has taken 
 place must be taken up for decision, before the House, in 
 answer to the President, has declared the debate closed. 
 
 The question is then put to the vote. If it can be 
 made the object of consent or dissent, the President first 
 puts the question in the affirmative. If the House de- 
 cides in the negative, and amendments have been put 
 during the debate, the question must next be put in con- 
 junction with these. 
 
 If a proposal consists of several parts which cannot 
 conveniently be jointly decided on, the question must be 
 put separately as to each part, in the way above stated. 
 
 Proposals must always be answered with only "yes" 
 or "no/' and on the President declaring whether, in his 
 opinion, the ayes or noes have it, his decision is final, 
 unless a division is called for, which then cannot be 
 refused. 
 
 When a division is to be taken, the subject of it, as 
 well as any amendment, must be clearly drawn up and 
 put to the House, and the voting then at once takes 
 place ; but no proposal must be made as to whether the 
 voting shall take place or not, neither is any decision on 
 this question allowable. 
 
 When questions on which a committee has re- 
 
478 ORDEK OF BUSINESS. 
 
 Sweden, ported come on for decision, the House can either decide 
 at once, approving or disapproving the proposals of 
 the committee, or can send the question back to the 
 committee, if it thinks that further consideration is 
 required. 
 
 Disagree- Should the Houses, in cases on which a standing, or 
 
 ment 
 
 ^Houses? * n ^ S pl ace .> a specially appointed committee has reported, 
 have arrived at different resolutions on the main question 
 or in some particular, the committee must try as far as 
 possible to reconcile the different opinions, and for this 
 purpose to make proposals to the House. 
 
 If the question has been before a special committee, 
 and the House which has appointed the committee does 
 not reject the proposal, this resolution is to be com- 
 municated through extracts of the minutes to the other 
 House, which then decides on the question, either at 
 once, or by sending it to a committee, selected from out 
 of the House, to report on. If the House does not then 
 accept the resolution of the House which has first 
 had the question before it, the proposal is rejected, 
 or returned as amended to the other House, in 
 which case this House has to reconsider the question, 
 and if the resolution of the other House is not accepted 
 unaltered, to send the question a second time to that 
 House for renewed consideration. 
 
 Disagree. If the Houses after these proceedings cannot come to 
 
 nouses. an agreement, the question will be considered as dropped, 
 as far as the session is concerned. 
 
 Exception to ^ ^ ne general rule there is, however, an exception in 
 ie * the case of questions of State expenditure or of supply, 
 or which relate to the State Bank, or to the manage- 
 ment, income and expenditure of the Public Debt Office ; 
 and if in cases of this kind the Houses have arrived at 
 conflicting decisions, and no agreement has been arrived 
 
OEDEE OF BUSINESS. 479 
 
 at tlirougli the proposals of the committee, a decision is Sweden, 
 taken in each House on the question in the form in Voting, 
 which it was last agreed to in each House, and the 
 decision which obtains the greater number of votes, 
 adding together the number of votes for it in both 
 Houses, is considered the final decision of the Riksdag. 
 To obviate the possibility of the numbers being equal, 
 a sealed paper is deposited in the Second House, which 
 is to be opened, and decides the question when the other 
 votes are equal. But if a majority be obtained, this 
 paper is at once destroyed, unopened. 
 
 A record is kept by the Secretary specifying the Minutes of 
 
 ' *-.-; proceedings. 
 
 subjects of consideration, the names of the speakers, the 
 President's opinions and propositions, the result of the 
 voting, when such takes place, and the resolutions of the 
 Chamber. This record is read over by the Secretary, 
 and revised by the Chamber on the seventh day 
 following, if the Chamber then meets, or, if not, at the 
 next meeting after that day. The revision of the 
 registers of proceedings of the Chamber left unrevised 
 at the end of the session takes place in the presence of 
 the members of the Chamber for the town of Stockholm, 
 a notice of the time fixed for the revision being inserted 
 in one of the newspapers, in case the other members of 
 the Chamber should wish to be present. Speeches Speeches 
 
 reported. 
 
 made by members in the Chamber are taken down as 
 literally as possible by official reporters, and, after 
 having being signed by the reporter, are delivered, at 
 the latest, three days afterwards, by 10 o'clock in the 
 morning, to the chancellery of the Chamber, where they 
 are kept available for perusal for the four succeeding 
 days. A journal is kept of all motions brought forward 
 in the Chamber, as well as of all business introduced, 
 and this must always be accessible in the chancellery. 
 
480 ORDER OF BUSINESS. 
 
 Sweden, The proceedings of the Chambers are public, unless 
 five members, besides the mover of the motion, request 
 that the deliberations may proceed with closed doors. 
 
 It is the duty of the President to issue the necessary 
 regulations for the preservation of order in the gallery, 
 and any person infringing these rules will be immediately' 
 removed. 
 
 NORWAY. 
 
 The Presidents of the Divisions of the Storthing make 
 arrangements between themselves so that the business of 
 one Division, as far as possible, may not interfere with 
 the proceedings of the other. In cases where the united 
 Storthing meets, its business always has the precedence. 
 
 Mode of Members are summoned to attend the meetings of the 
 
 Storthing and its Divisions by a notice issued by the 
 President, and posted up in the hall of the assembly by 
 the Secretary, 24 hours previous to the meeting, with a 
 list of the matters that are to be considered. On extra- 
 ordinary occasions the summonses may be delivered by 
 messengers to all the members of the Division with 
 shorter notice. 
 
 Duration of The Divisions sit, if necessary, for the discharge of 
 business on all week days, except holidays, from 10 o'clock 
 in the morning till 2 o'clock in the afternoon, and when 
 the President thinks it advisable, evening sittings may 
 also be held, with the consent of the Division concerned, 
 from 5 o'clock to 8. 
 
 A quarter of an hour before the commencement of 
 business, the roll of members is called over by one of 
 the representatives present, who delivers a list of the ab- 
 sentees, signed by himself, to the President, and this, 
 together with the notifications of his absence, which each 
 
ORDER Oi 1 BUSINESS. 481 
 
 absent member is bound to send in, is included in the Norway, 
 record of proceedings. 
 
 When the President has thus assured himself that Quorum, 
 the number of members prescribed by the fundamental 
 law is present, viz., two-thirds, he declares the Division 
 lawfully constituted, and proceeds to business. 
 
 The order in which the business is taken is usually Order of 
 the same as that which appears on the list which is posted 
 on the previous day in the hall of the assembly. 
 
 When a matter is to be debated upon, as a rule, 
 only that which is a subject for voting shall be read 
 out. 
 
 The President then calls upon the members present Rules as to 
 to give their opinion on the subject, and any member who 
 wishes it, rises and requests permission to address the 
 House. If several rise at the same time, the President 
 decides which of them shall speak first. The mover of 
 the proposal, and the members of the committee that has 
 prepared the subject, shall, however, always have pre- 
 cedence. 
 
 The speaker is required to address himself to the 
 President, and is expected to confine himself carefully to 
 the subject under debate, and not to make use of ex- 
 pressions offensive to the Storthing, its Divisions, or any 
 of its members. He is entitled to speak as often as he 
 pleases, and no question can be put to the vote so long 
 as any representative desires to be heard on it. Conse- 
 quently, there exists no cloture, but should the debate 
 be unreasonably protracted, the President may suggest 
 to the House the expediency of being brief, and avoid- 
 ing repetition, or of closing the discussion. 
 
 The Ministers and Councillors of State, when taking 
 part in the proceedings of the Storthing or of its Divi- 
 sions, have the same right of speech as the members of 
 
 2 I 
 
482 
 
 OEDEE OF BUSINESS. 
 
 Call to 
 question 
 or order. 
 
 Norway, the assembly, and observe the prescriptions contained in 
 the regulations for business. 
 
 Loud expressions of disapproval or applause during 
 the proceedings are not allowable. 
 
 If any member deviates continually from the question 
 or behaves in a disorderly manner, he is warned by the 
 President, such warning to be given, if necessary, three 
 times ; should he nevertheless fail to observe the order 
 prescribed, the President puts it to the vote whether he 
 shall be excluded from taking any further part in the 
 proceedings of the day. 
 
 Under no other circumstances, or in any other way, 
 may the President interrupt or disturb a representative 
 who is speaking. 
 
 Quorum. 
 
 Quorum in 
 Conseil des 
 
 Etats. 
 
 SWITZERLAND. 
 
 The Swiss National Council cannot proceed to busi- 
 ness unless an absolute majority of all its members is 
 present. At the commencement of each sitting" the names 
 are called over. Any member who absents himself from 
 the service of the House is bound to inform the Presi- 
 dent of the reason of his absence, otherwise he loses his 
 daily allowance. 
 
 The President counts the House as often as it appears 
 that the legal quorum, viz., an absolute majority, is not 
 present. In the Conseil des Etats the quorum for 
 voting is 23. The President fixes the order in which 
 the business is to be taken, subject, however, to any 
 alteration which may be made by the Chamber. The 
 sittings are usually held in public, but any member of 
 either the National Council, or the Conseil des Etats, or 
 the Federal Council, can demand that the debate on a 
 question shall be carried on with closed doors. This 
 demand cannot be considered unless it receives the 
 
ORDER OF BUSINESS. 483 
 
 support of at least ten members of the National Council, Switzer- 
 or of five of the Conseil des Etats ; but when it is made 
 by the Federal Council it is taken into consideration as 
 a matter of course. 
 
 The National Council, and the Conseil des Etats, are 
 competent to consider the following questions, viz.: (1) 
 all bills, motions, and reports, which have been presented 
 by the Federal Council ; (2) communications from the 
 Council ; (3) reports from its own committees ; as well 
 as (4) motions made by its own members ; and (5) 
 petitions. 
 
 In the first, third, and fifth cases, the Federal 
 Council, or the committee which introduces a question, 
 names a reporter. The report is presented, as a rule, in 
 two languages, and those parts which relate to the dis- 
 cussion, are read, as far as is necessary. The members 
 of the committee have the right to explain their own 
 private opinions. 
 
 The debate is then opened. At the termination of Debate, 
 the debate any member may move the reconsideration of 
 the clauses. This motion is put to the vote without 
 discussion, and if resolved on, the clauses are again con- 
 sidered. Members of the National Council speak 
 standing, and from their own place, whilst those of the 
 Conseil des Etats address the House without rising from 
 their seats ; but no member can speak without having 
 first received permission to do so from the President, 
 nor can he address the House more than three times on 
 the same question. Each of the three national languages 
 can be used. It is curious to hear a speech in German 
 followed by another in French, or vice versa, and some- 
 times even by one in Italian ; and when a vote is taken 
 by calling out the names, the alternations of " Ja," 
 " Nein," " Oui," and (( Non " are striking to a stranger. 
 
 2 i 27 
 
484 ORDER OF BUSINESS. 
 
 Switzer- If the President is a German Swiss lie naturally speaks in 
 an ' German, but his remarks are immediately repeated in 
 French by an official at his side, and with a President 
 who is a French Swiss the process is reversed. The 
 deputies who speak Italian, from Ticino and sometimes 
 from the Grisons, understand French or German 
 sufficiently not to require a special translation into their 
 tongue.* 
 
 A list is kept by the President of all those members 
 who desire to speak ; but the inscription of their names 
 cannot take place until after the beginning of the 
 debate. When several members demand permission 
 to speak, the priority is given to k those who have not 
 yet spoken. 
 
 If the President wishes to join in the discussion, he 
 signifies his wish to the Vice-President, who, having in- 
 formed the assembly, grants him leave to speak in the 
 proper order, and occupies the chair temporarily for the 
 remainder of the debate. The reading of a speech is 
 prohibited. 
 
 Can to If a speaker wanders too far from the subject of the 
 
 question. 
 
 debate, it is the duty of the President to recall him 
 to the question. If during the debate a member makes 
 a motion relating to order, such as moving the adjourn- 
 ment or recommittal of a bill, the discussion on the 
 question before the House is interrupted until the 
 assembly has voted on the motion. 
 
 cidture. The cloture of the debate can be decided upon if 
 
 two-thirds of the members present demand it ; but it 
 cannot be pronounced so long as a member who has not 
 yet spoken desires to make a motion and to explain it. 
 
 * "The Swiss Confederation," by Sir F. O. Adams and C. D. 
 Cunningham, 1889., p. 51. 
 
ORDER OF BUSINESS. 485 
 
 When no other person demands permission to speak, the Switzer- 
 President declares the debate closed, and after its close 
 no one has any right to request leave to address the 
 House. Although no mention is made of the existence 
 and application of the cloture in the Conseil des Etats, 
 in point of fact it' does exist there, and on the same 
 conditions as in the Conseil National, though it is much 
 more rarely put into practice in the former than in the 
 latter chamber.* 
 
 The rules of the two Councils being almost, if not rn the 
 
 ' Conseil 
 
 quite, identical, it is not necessary to treat those of the des Etats< 
 Conseil des Etats separately. 
 
 Each of the two Houses is required to deliberate with- 
 out delay on questions transmitted to it by the other. 
 Resolutions by which one of the two Houses of the Rule as to 
 
 certain 
 
 Federal Assembly calls upon the Federal Council to pre- resolutions, 
 sent a report and proposals, do not require the adhesion 
 of the other House.t 
 
 At the commencement of each ordinary session, the Duties of 
 
 Federal 
 
 Federal Council submits to the two Houses a detailed council, 
 list of all the business pending before it, and which is 
 within the competence of the Federal Assembly or of the 
 Houses, whether it has been forwarded by the two 
 Houses, or submitted by the States of the Confederation, 
 or by private persons. In each case the Federal Coun- 
 cil must state how far the deliberations have been 
 carried. 
 
 Every subject of debate can be referred previously 
 
 * Keports respecting the practice and regulations of legislative 
 assemblies in foreign countries (presented to Parliament). Miscellaneous 
 Xo. 1. (1881), p. 21. 
 
 f These resolutions are called " Postulats." See "The Swiss 
 Confederation," by Sir F. 0. Adams and C. D. Cunningham, 1889, 
 page 48. 
 
486 ORDER OF BUSINESS. 
 
 Switzer^ to tlie Federal Council for its opinion. The committees 
 of the two Houses are also authorised to summon to their 
 sittings a member of the Federal Council, to receive from 
 him any information which is necessary. 
 
 The members of the Federal Council can take part in 
 the debates of the two Houses, and they have also the 
 right of proposing amendments to the subject under 
 consideration. 
 
 Any questions which are to be raised with regard to 
 the conduct of the Federal Council, must be communi- 
 cated to it beforehand, and the Council is bound to 
 answer immediately, or in a subsequent sitting, interpel- 
 lations which have been made to it. 
 
 In each ordinary session the Federal Council presents 
 a report on its administration, the accounts of the pre- 
 ceding financial year, and the budget for the following 
 year. 
 
 The two first subjects are referred, before the 1st of 
 May, to committees appointed by the two Houses for 
 their examination. 
 
 Every resolution of the Federal Assembly is com- 
 municated to the Federal Council, which is charged with 
 its execution. This communication is made by the House 
 in which the business originated. 
 
 As soon as a law or resolution has been discussed 
 and adopted by the two Houses, the Federal Chancellery 
 provides the original copy, which is signed, in the name 
 of the Federal Assembly, by the President and Secre- 
 taries of the two Houses, and, with the date of their 
 acceptance and the seal of the Confederation, is com- 
 municated to the Federal Council for publication and 
 execution. 
 
 All laws, rules, and resolutions of a public character 
 are printed in the three national languages, and com- 
 
ORDER OF BUSINESS. 487 
 
 municated to the Governments of the Cantons for im- Switzer- 
 land, 
 mediate publication. 
 
 In cases where the time for an Act to come into opera- 
 tion is not fixed by the Act itself, it is settled by the 
 Federal Council in the decree of execution, and it is 
 usual to fix the date exactly at, or approximately to, the 
 time of publication. 
 
 UNITED STATES OF AMERICA. 
 
 The chairs of the Senate and of the House of Kepre- 
 sentatives are taken on every legislative day, precisely 
 at the hour to which the Senate or House has ad- 
 journed at the last sitting, by the Vice-President of the 
 United States and by the Speaker respectively, who 
 immediately call the members to order, and on the 
 appearance of a quorum cause the journal of the pro- 
 ceedings of the previous sitting to be read. 
 
 1. The daily order of business in the House shall be 
 as follows : 
 
 First. Prayer by the chaplain. 
 Second. Heading and approval of the journal. 
 Third. Correction of reference of public bills. 
 Fourth. Disposal of business on the Speaker's 
 
 table. 
 
 Fifth. Unfinished business. 
 Sixth. The morning hour for the consideration of 
 
 bills called up by committees. 
 Seventh. Motion to go into Committee of the 
 
 Whole House on the state of the Union. 
 Eighth. Orders of the day. 
 
 2. Business on the Speaker's table shall be disposed 
 of as follows : 
 
 Messages from the President shall be referred to the 
 
488 ORDER OF BUSINESS. 
 
 United appropriate committees without debate. Reports and 
 communications from the heads of departments,, and 
 other communications addressed to the House, and bills, 
 resolutions, and messages from the Senate may be 
 referred to the appropriate committees in the same 
 manner, and with the same right of correction as public 
 bills presented by members ; but House bills with 
 Senate amendments which do not require consideration 
 in a Committee of the Whole, may be at once disposed 
 of as the House may determine, as may also Senate 
 bills, substantially the 'same as House bills, already 
 favourably reported by a committee of the House, and 
 not required to be considered in Committee of the 
 Whole, may also be disposed of in the same manner on 
 motion directed to be made by such committee. 
 
 3. The consideration of the unfinished business in 
 which the House may be engaged at an adjournment, 
 except business in the morning hour, shall be resumed 
 as soon as the business on the Speaker's table is 
 finished, and at the same time each day thereafter until 
 disposed of, and the consideration of all other unfinished 
 business shall be resumed whenever the class of business 
 to which it belongs shall be in order under the rules. 
 
 4. After the unfinished business has been disposed of, 
 the Speaker shall call each standing committee in regular 
 order, and then select committees, and each committee, 
 when named, may call up for consideration any bill 
 reported by it on a previous day and on the House 
 calendar, and if the Speaker shall not complete the call 
 of the committees before the House passes to other 
 business, he shall resume the next call where he left off, 
 giving preference to the last bill under consideration. 
 Provided, that whenever any committee shall have 
 occupied the morning hour on two days, it shall not be 
 
ORDER OF BUSINESS. 489 
 
 in order to call up any other bill until the other com- United 
 inittees have been called in their turn. 
 
 5. After one hour shall have been devoted to the 
 consideration of bills called up by committees, it shall 
 be in order, pending consideration or discussion thereof, 
 to entertain a motion to go into Committee of the "Whole 
 House on the state of the Union, to consider a particular 
 bill, to which motion one amendment only, designating 
 another bill, may be made ; and if either motion be 
 determined in the negative, it shall not be in order to 
 make either motion again until the disposal of the 
 matter under consideration or discussion. 
 
 6. On Friday of each week, after the unfinished 
 business has been disposed of, it shall be in order to 
 entertain a motion that the House resolve itself into 
 the Committee of the Whole House to consider business 
 on the private calendar ; and if this motion fails, then 
 public business shall be in order as on other days. 
 (Rule XXIV.) 
 
 All questions relating to the priority of business shall j5jjj^ of 
 be decided by a majority without debate : 
 
 1 . Friday in every week shall be set apart for the Private and 
 
 J * District of 
 
 consideration of private business, unless otherwise 
 determined by the House. 
 
 2. The House shall on each Friday at five o'clock 
 p.m. take a recess until eight o'clock, at which evening 
 session, private pension bills, bills for the removal of 
 political disabilities, and bills removing charges of 
 desertion only, shall be considered ; said evening session 
 not to extend beyond ten o'clock and thirty minutes. 
 
 3. The second and fourth Mondays in each month, 
 after the disposal of such business on the Speaker's 
 table as requires reference only, shall, when claimed by 
 the committee on the district of Columbia, be set apart 
 
490 
 
 ORDER OF BUSINESS. 
 
 United 
 
 States. 
 
 Calendars. 
 
 Rule as to 
 delivery ;of 
 speeches. 
 
 for the consideration of such business as may be pre- 
 sented by said committee. (Rule XXVI.) 
 
 There are three calendars of business reported from 
 committees, viz. : 
 
 First. A calendar of the Committee of the Whole 
 House on the state of the Union, to which shall 
 be referred public bills. 
 
 Second. A House calendar, to which shall be re- 
 ferred all bills of a public character, not raising 
 revenue nor directly or indirectly appropriating 
 money or property. 
 
 Third. A calendar of the Committee of the Whole 
 House, to which shall be referred all bills of a 
 private character. 
 
 All reports of committees, except as provided in 
 clause 51 of Eule XI. (which gives leave to certain com- 
 mittees to report at any time), together with the views 
 of the minority, shall be delivered to the clerk for printing 
 and reference to the proper calendar, under the direction 
 of the Speaker, in accordance with the foregoing clause, 
 and the titles or subjects thereof shall be entered on the 
 journal and printed in the record.* 
 
 When any member desires to speak or deliver any 
 matter to the House, he is to address himself to " Mr. 
 Speaker," and on being recognised, may speak from any 
 place on the floor, or from the clerk's desk ; but he must 
 take care to confine himself to the question under debate, 
 avoiding personalities. 
 
 He refers to another member not by name, but as the 
 " gentleman from Pennsylvania," or, as the case may be, 
 without any particular indication of the district which 
 the person referred to represents. As there are 28 
 
 * See Appendix. 
 
ORDER OF BUSINESS. 491 
 
 gentlemen from Pennsylvania, and the descriptions used United 
 in the English House of Commons (learned, gallant, 
 right honourable) are not" in use, facilities for distin- 
 guishing the member intended are not perfect. No one 
 may pass between the Speaker and the member speaking, 
 a curious bit of adherence to English usage. 
 
 A senator always addresses the Chair "Mr. Presi- 
 dent/' and refers to other senators by their States "the 
 Senator for Ohio," " the Senator from Tennessee/' When 
 two senators rise at the same moment, the Chair calls on 
 one, indicating him by his State ' ' The Senator from 
 Minnesota has the floor."* 
 
 If two or more members rise at once, the Speaker one hour 
 names the member who is to speak first, and no member 
 may occupy more than one hour in debate on any ques- 
 tion in the House, or in committee, unless he happens to 
 be the member reporting the measure under considera- 
 tion from a committee, who is entitled to open and close 
 when the general debate has been had thereon, and in 
 this case, if it extends beyond one day, he is entitled to 
 one hour to close, notwithstanding he may have used an 
 hour in opening. 
 
 If any member, in speaking or otherwise, trans- can to order 
 gresses the rules of the House, the Speaker shall, or any 
 member may, call him to order, in which case he must 
 immediately sit down, unless permitted, on motion of 
 another member, to explain, and the House shall, if 
 appealed to, decide on the case without debate ; if the 
 decision is in favour of the member called to order, he 
 is at liberty to proceed, but not otherwise, and if the 
 case require it he is liable to censure, or such punish- 
 ment as the House may deem proper. 
 
 * " The American Commonwealth," by James Bryce. "M.P. Vol. 
 I., pp. 156, 175. 
 
492 ORDEK OF BUSINESS. 
 
 United If the words complained of are spoken in the Com- 
 
 mittee of the Whole House,, they are taken down and 
 may be reported to the House. On the House resuming 
 
 Censure. with the Speaker in the chair, a motion of censure 
 may be proposed. If the motion is carried, the offending 
 member is taken into custody by the Serjeant-at-Arms, 
 and the censure is pronounced by the Speaker.* 
 
 When a member is called to order, for words spoken 
 in debate, the member calling him to order shall indicate 
 the words excepted to, and they shall be taken down in 
 writing at the clerk's desk and read aloud to the House; 
 but he shall not be held to answer, nor be subject to the 
 censure of the House therefor, if further debate on 
 other business has intervened. 
 
 Euieasto No member may speak more than once, or in the 
 
 speaking. f 
 
 Senate more than twice, to the same question without 
 leave of the House, unless he be the mover, proposer, or 
 introducer of the matter pending, in which case he is 
 permitted to speak in reply, but not until every member 
 who chooses to speak has spoken. 
 
 theirpre'ce- Every motion must be, if required, in writing, and 
 ace, &c. ^will be entered on the journal, with the name of the 
 member making it, unless it is withdrawn the same day. 
 After a motion has been made, the Speaker states it, 
 or, if it is in writing, it is read aloud by the clerk, and 
 it is then in possession of the House, but may be with- 
 drawn at any time before a decision or amendment. 
 When any motion or proposition is made, the question 
 ' ' Will the House now consider it ? " must not be put 
 unless demanded by a member. 
 
 When a question is under debate, no motion shall be 
 received but that of the adjournment of the House, to 
 
 debate. 
 
 8*e " The Times," May 19th, 1890, p. 5. 
 
ORDER OP BUSINESS. 
 
 lay on the table, and for the previous question, which United 
 motions are decided without debate. Motions also are 
 receivable for postponing to a certain day, for referring 
 or amending indefinitely, and they have precedence in the 
 foregoing order. When on any occasion the three last- 
 mentioned motions have been decided, they cannot be 
 again allowed on the same day at the same stage of the 
 question. 
 
 The hour at which the House adjourns shall be 
 entered on the journal. 
 
 On the demand of any member, before the question is Division of 
 
 . ... . ^estion. 
 
 put, a question shall be divided if it includes proposi- 
 tions so distinct in substance that one being taken away, 
 a substantive proposition shall remain. 
 
 A motion to strike out is indivisible, but a motion to 
 strike out being lost, shall neither preclude amendment 
 nor motion to strike out and insert ; and no motion 
 or proposition on a subject different from that under 
 consideration shall be admitted under colour of amend- 
 ment. 
 
 Pending a motion to suspend the rules, the Speaker 
 may entertain one motion that the House adjourn, but, 
 after the result thereon is announced, he shall not enter- 
 tain any other dilatory motion till the vote is taken on 
 suspension. 
 
 At any time after the reading of the journal it shall 
 be in order, by direction of the appropriate committees, 
 to move that the House resolve itself into the Committee 
 of the Whole House on the state of the Union for the 
 purpose of considering bills raising revenue, or general 
 appropriation bills. 
 
 No dilatory motion shall be entertained by the 
 Speaker. (Rule XVI.) 
 
 The motion for the previous question, having been Previous 
 
 question. 
 
494 ORDER OF BUSINESS. 
 
 United ordered by a majority of members present (if a quorum) 
 has the effect of cutting off all debate and bringing the 
 House to a direct vote upon the immediate question or 
 questions on which it has been asked and ordered. It is 
 in order, pending the motion for or after the previous 
 question shall have been ordered on its passage, for the 
 Speaker to entertain and submit a motion to commit, 
 with or without instructions, to a standing or select 
 committee. 
 
 A call of the House shall not be in order after the 
 previous question is ordered, unless it shall appear, upon 
 an actual count by the Speaker, that a quorum is not 
 present. 
 
 All incidental questions of order arising after a motion 
 is made for the previous question, and pending such 
 motion, shall be decided, whether on appeal or otherwise, 
 without debate. 
 
 The previous question was recognised in the rules 
 established April 7th, 1789, and could be demanded by 
 five members (the parliamentary law places it in the 
 power of two members one to move, the other to second) . 
 On the 23rd December, 1811, it was placed on a footing 
 with the yeas and nays; that is, at the command of one- 
 fifth of the members present. 
 
 It remained so until the 24th February, 1812, when 
 the rule was changed to its present form of a majority. 
 According to former practice, the previous question 
 brought the House to a direct vote on the main question; 
 that is, to agree to the main proposition, to the exclusion 
 of all amendments and incidental motions; but on the 
 14th January, 1840, it was changed to embrace, first, 
 pending amendments, and then the main proposition. 
 
 The original intent of the previous question was to 
 ascertain the sense of the House, in the early stages of a 
 
ORDER OF BUSINESS. 495 
 
 subject, as to the propriety of entertaining the matter; United 
 and, if decided affirmatively, the debate went on; if 
 decided negatively, the debate ceased, and the subject 
 passed from before the House without motion or further 
 question. 
 
 This was the practice in Congress under the Confede- 
 ration ; and it is still the practice in the British Parlia- 
 ment. Xow, by the practice of the House, as well as by 
 the terms of the rule, it is reversed ; if the motion for 
 the previous question is decided in the affirmative, debate 
 ceases, and the House proceeds to vote; if in the nega- 
 tive, the proceedings go on as if the motion for the 
 previous question had not been made.* Until the first 
 revision of the rules, in March, 1860, whenever the pre- 
 vious question was seconded, and the main question 
 ordered, pending a motion to postpone, the motion to 
 postpone was cut off. 
 
 In the "revision of the rules," in the second session 
 Forty-sixth Congress, the rule was changed in several 
 important respects. But one vote is now required to 
 accomplish what formerly required two, i.e., one vote to 
 second the demand for the previous question, and another 
 to order the main question an unnecessary proceeding, 
 as debate and amendment were precluded by a second. 
 It is now in order to move the previous question on a 
 motion, or series of motions, allowable under the rules, 
 and it may be called up on a section or sections of a 
 pending bill, or only on an amendment or amendments 
 pending. 
 
 A call of the House is in order after the previous 
 question is ordered, unless it shall appear, upon an 
 
 * The previous question, in America, thus becomes assimilated to 
 the cloture, as known in the House of Commons* 
 
496 OKDEE OF BUSINESS. 
 
 United actual count by tlie Speaker, that a quorum is not 
 
 States. 
 
 present. 
 
 All incidental questions of order, arising after a 
 motion is made for the previous question, and pending 
 such motion, are decided, whether on appeal or other- 
 wise, without debate. The effect of the negative vote 
 on the question, " Shall the main question be now put V 3 
 being to cause the House to resume the consideration of 
 the subject as though no motion for the previous ques- 
 tion had been made, the member "reporting the 
 " measure " does not thereby lose control of the pend- 
 ing proposition except as to the order of debate. A 
 member is not debarred from moving the previous ques- 
 tion because he has spoken once. When a vote taken 
 under the operation of the previous question is recon- 
 sidered, the question is then divested of the previous 
 question, and is open to debate and amendment. The 
 previous question is exhausted by an affirmative vote on 
 a motion to refer, and upon a reconsideration of the said 
 vote, the question stands divested of the previous 
 question. 
 
 Under the established practice of the House, the 
 effect of the previous question ordered before an adjourn- 
 ment is to bring the proposition up for consideration 
 immediately after the reading of the journal the follow- 
 ing morning, even on Friday, though it be a public bill. 
 In case it has been ordered on the engrossment and third 
 reading of the bill only, the previous question would be 
 exhausted by the third reading of the bill, and if objec- 
 tion be made to its further consideration, it would take 
 its place in the order of unfinished business, unless 
 postponed.* 
 
 * Journal 149, pp. 2259, 2313, 2314 " Smith's Digest," pp. 433-436. 
 
ORDER OF BUSINESS. 497 
 
 When a motion has been carried or lost, any member United 
 of the majority may move for its reconsideration on the Motion ' to 
 same or succeeding day, and such motion takes prece- reconsider< 
 dence of all other questions except the consideration of 
 a conference report, a motion of adjournment, or to take 
 a recess, and shall not be withdrawn after the said suc- 
 ceeding day without the consent of the House, and 
 therefore any member may call it up for consideration. 
 Provided that such motion, if made during the last six 
 days of a session, shall be disposed of when made. The 
 question which has been referred to a committee can, 
 however, be brought back to the House on a motion to 
 reconsider. 
 
 All business before committees of the House at the unfinished 
 
 business of 
 
 end of one session shall be resumed at the commence- the session, 
 ment of the next session of the same Congress, in the 
 same manner as if no adjournment had taken place. 
 
 No standing- rule or order of the House shall be Change or 
 
 suspension 
 
 rescinded or changed without one day's notice of the of rules, 
 motion therefor, and no rule shall be suspended except 
 by a vote of two-thirds of the members present, except 
 to fix a day for the consideration of a bill or resolution 
 already formally reported by a committee on motion 
 directed to be made by such committee, which shall 
 require only a majority vote of the House ; nor shall the 
 Speaker entertain a motion to suspend the rules except 
 on the first and third Mondays of each month, prefer- 
 ence being given on the first Monday to individuals, and 
 on the third Monday to committees, and during the last 
 six days of a session. 
 
 All motions to suspend the rules shall, before being 
 submitted to the House, be seconded by a majority by 
 tellers, if demanded. When a motion to suspend the 
 rules has been seconded, it shall be in order, before the 
 
 2 K 
 
498 ORDER OP BUSINESS. 
 
 United final vote is taken thereon, to debate the proposition to 
 be voted upon for 40 minutes, one-half of such time to 
 be given to debate in favour of, and one-half to debate 
 in opposition to such proposition ; and the same right of 
 debate shall be allowed whenever the previous question 
 has been ordered on any proposition on which there has 
 been no debate. In the Senate, any rule can be sus- 
 pended on one day's motion in writing, or without 
 notice by unanimous consent, except Rule XII., relating 
 to voting when the " Yeas " and " Nays " are ordered, 
 which cannot under any circumstance be suspended. 
 
MODE OF VOTING. 499 
 
 CHAPTER VII. 
 
 MODE OF VOTING. 
 
 AUSTKIA-HUNGAEY. 
 
 In order to pass a legitimate resolution or vote, the Quorum, 
 presence of 40 members in the Upper, and 100 members 
 in the Lower House, and a majority of votes, are 
 required. In the case of resolutions, when a majority 
 of two-thirds of the number of votes is necessary, at 
 least half the number of all the members of the House 
 must be present. The right of voting must be exercised 
 by all members in person, the vote being expressed by 
 the simple words " Yes " or " No " without assigning 
 any reasons. Xo deputy who attends the sitting is 
 allowed to abstain from voting. 
 
 The votes on different motions are arranged in such order ot 
 an order that the true opinion of the majority may find 
 its expression. Therefore, as a rule, the amendments 
 are voted upon before the principal motions, and amend- 
 ments of a wider scope precede all the others. * The 
 President is also allowed, if he thinks it appropriate for 
 the simplication and elucidation of the vote, to have 
 a question of principle first decided. 
 
 After the close of the debate the President announces 
 in what order he intends putting the different questions 
 
 2 K 2 
 
500 MODE OF VOTING. 
 
 Austria- to the vote. Any deputy can object to the arrange- 
 mgary. men fj O f fae questions as proposed by the President, and 
 may demand the division of one question into several. 
 If the President should not agree with this motion it 
 must be put to the vote after a previous debate. If 
 no objection has been raised to the order and wording 
 of the questions, the President, before he takes the vote, 
 has to pause after each question for 10 minutes, if at 
 least 20 members should demand it, and after the ex- 
 piration of every 10 minutes a decision on each question 
 is taken. 
 
 Method of The vote is ordinarily effected by the members rising 
 
 from or keeping their seats. If the result should appear 
 doubtful the names of those present are called over and 
 their votes counted. Any member has the right to de- 
 mand that the votes on either side should be counted.* 
 
 A division is either resorted to in consequence of the 
 decision of the President, or on the demand of at least 
 50 members. The House can pass a resolution for a 
 secret voting by means of written votes or the ballot. 
 
 Ballot In the votings by ballot each deputy receives tickets 
 
 with the words "Yes" or "No" written thereon. The 
 voters are then called up by name and counted, and each 
 of them puts one of the tickets into the ballot box. 
 The number of tickets must agree with that of the 
 votes, as otherwise the voting must be repeated. In the 
 case of the votes being equal, the question is decided in 
 the negative. 
 
 The President of the House never takes any part in 
 the voting except in the case of elections. Ministers 
 can vote if they are members of the House. 
 
 * The manner of voting in the Delegations is the same as that in 
 the Reichsrath, and requires, therefore, no special notice 
 
MODE OF VOTING. 501 
 
 Every election in the whole House, as well as in the Austria- 
 sections and committees, is decided by ballot and by an E1 
 absolute majority of votes. In an election of a President, 
 of Vice-Presidents, and of the Austrian members of the 
 Delegations the voters are always called up to put their 
 tickets into the ballot box, and are counted; in all other 
 elections this takes place only on a resolution of the 
 House. 
 
 If there is not an absolute majority at the first elec- 
 tion, a second is resorted to in the same manner. 
 
 In the event of a second failure a more limited elec- 
 tion takes place, in which those candidates only are 
 voted for who obtained most votes at the second attempt, 
 and whose number is restricted to twice that of the 
 members to be elected. In the event of the votes being 
 equal, lots are drawn. If in this latter election there is 
 an equality of votes, the lot also decides. 
 
 HUNGARY. 
 
 When no more members remain to speak, the Presi- Question 
 dent declares the debate closed, and puts the question to 
 the vote. 
 
 The question must always be put in such a manner 
 that it can be answered either in the affirmative or 
 negative (with aye or no). 
 
 If the question, clause or motion consists of several Question 
 points, it may be divided, if desired, and there may be a 
 new debate prior to the voting, on the question as to 
 how the question shall be put, which is decided by the 
 majority of the House. 
 
 Before the commencement of the voting the question 
 is read out by one of the Secretaries. The presence of Quorum. 
 50 members in the Upper and of 100 members in the 
 
502 MODE OF VOTING. 
 
 Austria- Lower House is necessary for a final decision, and if 
 * ary * there should be any doubt those present must be 
 counted. 
 
 At the conclusion of the debate, the voting can be 
 postponed until the following day, if 20 members signify 
 their wish to that effect in writing. 
 
 Mode of The voting takes place by standing up, and remaining 
 
 sitting ; but if the matter is doubtful it is put to the 
 test, and at the request of the President or 10 members, 
 the Secretaries count the heads of the voters separately. 
 Before, however, this counting has been concluded, the 
 names may be called out at the written request of 20 
 members, and in this way the voting is completed. 
 
 A pause of five minutes is usually allowed between 
 the putting of the question and the taking of the 
 division. 
 
 The order of putting the question to the vote is 
 usually as follows : First, the proposals of the central 
 committee and the special committee are voted upon, 
 and then, should none such have been made, or if made, 
 be rejected, in case of either not existing or being lost, 
 the original proposal or motion is next put to the vote, 
 the amendments coming next in their order; and, lastly, 
 the counter-motion and its possible amendments. 
 Brants of In asking for grants of money the largest sum is 
 
 put first, and after that the smaller amounts in their 
 order. 
 
 The voting on a bill as a whole takes place 24 
 hours after the conclusion of the discussion on the 
 clauses. 
 
 The President votes only in case of the votes being 
 equal. 
 
 No motion or bill which has been lost can be again 
 introduced in the same session, 
 
MODE OF VOTING. 503 
 
 BELGIUM. 
 With, the exception of the vote on a bill as a whole. Mode of 
 
 voting. 
 
 which always takes place by <( appel nominal et a haute 
 voix," the Chamber expresses its opinion by " sitting 
 and rising/' unless five members demand the former 
 mode of voting. The vote by " sitting and rising " is 
 not complete until after two trials. The President and 
 Secretaries decide on the result of these trials, which may 
 be repeated; if a doubt still remains, the " appel nominal" 
 is proceeded with, viz. : the House is called over, each 
 member as his name is called answering "Yes" or "No" 
 distinctly. This having been done, the President requests 
 every member who has not taken part in the division to 
 give his vote or to state his reasons for not doing so. 
 The votes are counted by the President and Secretaries. 
 
 Each day, before proceeding to the first vote by the 
 " appel nominal/' the name of the member which will 
 be first called, is drawn by lot. 
 
 When several bills relating to private and local in- 
 terests, which have been presented together and comprised 
 in one report, are unopposed, the vote will be taken on 
 the whole by a single "appel nominal." 
 
 DENMAEK. 
 
 Neither Chamber of the Eigsdag can vote upon a Qaomm. 
 resolution unless more than half the members of the 
 House are present. An ordinary motion is carried by a Majority 
 bare majority of the vote of those present, except in par- 
 ticularly urgent cases, when a majority of three -fourths 
 is required to render valid a resolution for the suspension 
 
 Resolutions 
 
 of the standing orders. No resolution can be altered cannot * 
 
 altered at 
 
 during the same sitting at which it has been adopted. 
 
504 MODE OF VOTING. 
 
 Denmark. The manner and order in which questions may be 
 put are decided by the President, or if 15 members (in 
 the Lands thing 12) demand it, by the House, after one of 
 the 15 (or 12) members and the President have spoken 
 once. The President is entitled in all cases, except the 
 final passing of a bill or an independent motion, in which 
 he believes there is unanimity, to dispense with a divi- 
 sion unless it is demanded by a member. 
 
 Mode of The ordinary mode of dividing is, by members rising 
 
 and sitting in their places, when the members on either 
 side are counted by the Secretaries. The President is, 
 however, entitled to have the division taken by calling 
 over the names, if any doubt arises as to the result 
 after it has been taken in the usual manner, or if in the 
 Landsthing the difference is not more than four. 
 
 Twelve members may, if they think fit, present a 
 demand in writing that one or several points be decided 
 upon by a call of the names before the decision has taken 
 place. At such divisions the names of the Secretaries 
 are called out in the same alphabetical order as those of 
 the other members. 
 
 Ballot. A division by ballot takes place 011 the demand in 
 
 writing of 25 members (or in the Landsthing 20). But 
 this will not prevent a demand on the part of 25 other 
 members that the division shall be taken in the ordinary 
 manner. The names of those members who demand a 
 division by call or ballot are read aloud. 
 
 Elections, Elections are either made according to the rules for 
 
 elections by plurality of votes, or according to those pre- 
 scribed for elections by proportions. The former is the 
 general mode of voting unless the latter is specially 
 demanded. 
 
 Elections In elections by plurality of votes, a voting par>er is 
 
 by plurality 
 
 of votes. invalid if it contains a greater or less number of names 
 
MODE OP VOTING. 505 
 
 than are to be voted about, or a name not concerned in Denmark, 
 the matter or not sufficiently indicated. If the 
 President thinks proper, the counting of the votes 
 need not be taken immediately, but can be done whilst 
 the next motion on the list of orders of the day is 
 being discussed. If a second voting is found to be 
 necessary it can take place in the same or the following 
 sitting. 
 
 Elections " by proportions " take place when a Elections by 
 
 proportions. 
 
 written demand for this mode of voting is sent in to the 
 President by 15 members before the division. The 
 following is the method of procedure : The number of 
 voting papers which have been collected is divided by 
 the number to be elected, and the resulting quotient is 
 made the foundation of the election to follow, with the 
 omission of the fraction. 
 
 After the voting papers have been put into the box 
 and mixed together, the President takes them up one by 
 one and reads out the first name on each of them, which 
 name is written down by the Secretaries. The papers 
 on which the same name is written down first are put 
 together, and as soon as a name has appeared so often 
 that the votes in favour of it have reached the required 
 quotient the reading is discontinued. When a second 
 count has proved the correctness of the number of votes 
 recorded, the member in question is declared duly elected. 
 The reading of the remaining voting papers is then 
 proceeded with, the same course being adopted with the 
 name of the member next on the list, if he reaches the 
 quotient, and so on until the whole number required is 
 elected. If a name written down be that of a person 
 not concerned, or if the name be not sufficiently indi- 
 cated, it is struck out, but the voting paper is not invali- 
 dated in consequence, nor is it rendered invalid by the 
 
506 MODE OF VOTING. 
 
 Denmark, fact of a greater or less number of names being put 
 down than is to be voted about. If all the elections be 
 not completed thereby, another election takes place,, and 
 for these elections a majority of more than half the 
 votes is required. 
 
 FRANCE. 
 Mode of Both Houses of the French Assembly vote on all 
 
 voting. t J 
 
 questions which are submitted to them, by sitting and 
 rising, or by ballot, public or secret.* Except in certain 
 cases the first is the general form observed on all occasions. 
 The result of the vote by sitting and rising is ascertained 
 by the President and Secretaries. If they decide that 
 there is any doubt, the trial is renewed. No one is 
 allowed to speak between the two divisions, or between 
 the second and the vote by ballot. 
 
 Public The vote by public ballot is taken by right : (1) After 
 
 two doubtful trials; (2) on all bills relating to the 
 opening of credits other than those of local interest, and 
 on bills establishing or modifying taxes and public 
 contributions. It can be demanded on every matter, with 
 the exception of questions relating to calls to order 
 and the conduct of members, and can take place either 
 before the commencement of the proof, or after the first 
 doubtful one. The demand for the public ballot must 
 be made in writing, signed by at least 10 senators or 
 20 deputies, as the case may be, and placed in the hands 
 of the President. It can be made orally by a single 
 member after one doubtful trial. The names of the 
 members who have demanded the ballot, and of those 
 who voted, are inserted in the Journal Officiel. 
 
 * The secret ballot was abolished in 1885, except in the case of 
 nominations and elections, 
 
MODE OF VOTING. 507 
 
 A public ballot is carried out according to the France, 
 following form. The President requests the deputies to 
 take their seats. Each senator or deputy has two 
 voting papers on which his name is printed. The 
 white ones express the adoption, the blue the contrary. 
 The Ushers present to each member of the Chamber an 
 urn in which he places his voting papers. When the 
 votes are collected the President declares the ballot 
 closed. The urns are immediately carried to the 
 tribune, and the Secretaries ascertain the result, which 
 is announced by the President. 
 
 On the demand of 10 senators or of 40 deputies, the 
 public ballot takes place at the tribune in the following 
 manner : Each senator or deputy, after having received 
 a ballot ball from one of the Secretaries, deposits his 
 ballot paper in the urn, which is placed on the tribune, 
 and the ball in the urn on the table of the Secretaries of 
 the right. The result is ascertained in the above- 
 mentioned manner. 
 
 In all cases previously to 1885 when the public secret 
 ballot was admissible, the secret ballot could be taken, 
 if the demand was supported by 20 senators or 50 
 deputies, whose names were published in the Journal 
 Offidel. This ballot was managed in the same way as 
 the public ballot at the tribune, only that a white or 
 black ball was used instead of the voting papers. The 
 Secretaries turned into a basket the balls which had been 
 used for the vote, counted them openly, and separated 
 the black from the white. They proceeded in the same 
 manner with the urn, which served as a check. The 
 result of the count was verified by four Secretaries at 
 least, and announced by the President. 
 
 In the case of either a public or secret ballot, if the 
 call of the House is demanded, the House pronounces 
 
508 MODE OF VOTING. 
 
 France, its decision without debate. The call is made by one of 
 the Secretaries, being immediately followed by a second, 
 for those senators or deputies who have not yet voted. 
 All nominations, whether in the whole House, the 
 Bureaux, or the committees, are made by secret ballot. 
 For the nomination in the House two urns are placed, 
 one on the tribune and the other on the table of the 
 Secretaries. Each senator or deputy places in the first 
 his voting paper in an unsealed envelope, and in the 
 second the ball which serves as the counter proof. The 
 result is ascertained by the scrutineers, whose names 
 are drawn by lot in the proportion of three to. each table 
 used for that purpose. 
 
 GrEEMANY. 
 
 Mode of Immediately before the vote is taken, the question 
 
 which is to be decided is read. If the President or one 
 of the Secretaries have any doubt as to the presence of a 
 quorum, the House is counted. The voting is decided 
 by an absolute majority, ascertained by the members 
 rising or keeping their seats. If there is any doubt in 
 the minds of the President or Secretaries as to the 
 result, the counter proof is tried. If the result is again 
 unsatisfactory the House is counted in the following 
 manner : 
 
 The President desires the members to leave the Hall 
 of the Assembly. On this the doors of the Hall are 
 locked, with the exception of one door at the east 
 side and one door at the west side, and near each 
 of these doors two Secretaries take their places. On the 
 President ringing his bell, those members who voted in 
 the affirmative enter through the door at the east side, 
 to the right of the President's table, and those voting in 
 
MODE OP VOTING. 
 
 the negative through the door at the west side, to the Germany, 
 left of the table. The four Secretaries call over dis- 
 tinctly the members' names as they enter, whereupon 
 the President rings the bell, closes the division and 
 orders the doors to be opened again. Each subsequent 
 vote, except those of the President and of the Secretaries, 
 is excluded. The President then announces the result of 
 the counting. 
 
 At the end of the debate and before the division is 
 taken, any member may move that the names of the 
 members voting be taken down. This motion must be 
 supported by at least 50 members. The President de- 
 clares the division closed after all the members of the 
 Parliament have been called over by name, and after, 
 through the alphabetical recapitulation of their names, 
 any members whose votes have not been entered, have- 
 had a second opportunity of voting. 
 
 Except in a division where the names are called 
 over, each member has the right to hand in to the 
 President a statement of his reasons for having voted 
 against the majority, and to demand its insertion in the 
 short-hand writer's report without having it read to the 
 House. 
 
 GrKEECE. 
 
 Votes are usually taken by sitting and rising, but Mode of 
 on the demand of 15 deputies they will be taken by 
 calling over the names. 
 
 When the Chamber votes by sitting and rising, voting by 
 the President, after a conference with the committee, rising! m 
 makes known the result of the voting; but if immediately 
 after this announcement 15 deputies make the request, a 
 fresh vote will be taken by calling over the names. 
 
510 MODE OP VOTING. 
 
 Greece. The calling over the names consists in the announce- 
 
 namef b7 ment of the name of each deputy by one of the Secre- 
 taries, who will mark down the name of each member 
 and his vote, under the superintendence of scrutineers 
 named by the President and taken from the Opposition. 
 Each deputy has the right to receive an authentic copy 
 of the note drawn up by the Secretary on the subject of 
 the voting, a note which shows the name and vote of 
 each deputy as well as the general result of the 
 voting. 
 
 Every election, whether of Parliamentary dignitaries 
 or other functionaries, must be by ballot, 
 voting by Voting must be by ballot on all questions relative to 
 
 ballot. 
 
 persons mentioned by name, whether they are members 
 of the Chamber or not ; with the exception oE those 
 questions which Articles 46, 52, and 53, of the Con- 
 stitution might give rise to.* Voting must also be by 
 ballot in the case provided for by Article 67. Voting 
 by ballot takes place as follows : Each deputy receives 
 from the committee of the Chamber a ballot paper 
 exactly similar to that of the other deputies, and which 
 bears no distinctive mark whatever, and a ball; after 
 the usual time has elapsed for inscribing the names on 
 the ballot papers which are to be inscribed, one of the 
 Secretaries will call out the name of each deputy in the 
 order in which their names are entered in the list of 
 the committee of the Chamber; the deputy, thus 
 appealed to, drops his ballot paper into an urn placed 
 on the table and the ball into another urn placed along- 
 side the first, under the superintendence of two scru- 
 
 * The election of a successor to the King and the appointment of a 
 Eegent. This vote is taken by calling over the names a majority of 
 two-thirds being required in the first case and of three-fourths in the 
 latter. 
 
MODE OF VOTING. 511 
 
 tineers, named for this office by the President, as afore- Greece, 
 mentioned. 
 
 A second call is made for those who have not voted. 
 
 After which the President announces that the open- 
 ing of the ballot boxes has commenced, and nobody else 
 is allowed to vote. The same rule is applied to voting 
 by roll-call. 
 
 Thus, when all the deputies have recorded their 
 votes, the ballot papers and the balls will be verified 
 in public; the ballot papers are placed in the same 
 urn, and shall then be taken out one by one by the 
 President or one of the Yice-Presidents, and the result 
 shall be publicly announced; each of the Secretaries 
 on his side will make a note of the votes corresponding 
 to each name ; the Secretaries' notes will then be com- 
 pared, and if they agree the President will proclaim the 
 result of the vote ; if, however, there should be any 
 discrepancy in these notes which might influence the 
 the result the votes must be counted anew. 
 
 As soon as the result has been announced by the 
 President, the ballot papers shall be destroyed and the 
 declaration establishing the result shall be signed by 
 the President, the Vice-Presidents, the Secretaries and 
 and the scrutineers. 
 
 As many names shall be inscribed on the ballot 
 papers as there are persons to be elected, except in the 
 exceptional case provided for by Article 51 with 
 respect to the election of committees. The ballot paper 
 on which there are inscribed more names than neces- 
 sary shall only be valid for the names first inscribed 
 till the number of candidates to be elected shall be 
 completed. 
 
 Voting- bv ballot shall be as follows: One of the voting by 
 
 ballot 
 
 Secretaries shall read the list and call out the name of 
 
512 MODE OP VOTING. 
 
 Greece. each deputy. The deputy thus called will receive a ball 
 from the hands of the other Secretary, and shall deposit 
 it .in the division "Aye" or in the division "l^o" of 
 the urn placed on the table, which urn is exactly 
 similar to that mentioned in the law relative to the 
 election of deputies. Immediately afterwards a second 
 appeal shall be made to those who have not yet voted. 
 
 When all those members who have voted have 
 resumed their seats the three Secretaries, assisted by 
 three scrutineers, shall proceed to count up the balls, 
 and the result obtained shall be announced by the 
 President. 
 
 ITALY. 
 
 Mode of The final vote on Bills is taken by secret ballot, the 
 
 other votes by rising and sitting (alzata e seduta) except 
 in the case where 10 deputies claim a division (divisione 
 nell'aula), or 15 a "viva voce" vote (appello nominale), 
 or 20 the secret ballot (scrutinio segreto) . 
 
 The demand must be made at the moment when the 
 President, at the close of the debate, declares that the 
 time for voting has arrived, and before that he has in- 
 vited the Chamber to vote " by rising and sitting." It 
 is not necessary that the demand should be made in 
 writing, when the proposer of the motion requests the 
 President to question the Chamber in order to make 
 sure that the demand to vote " by division in the hall," 
 by viva voce, or by secret ballot, is supported by the re- 
 quisite number of deputies. The President in such a 
 case will question the Chamber before he proceeds to 
 take the vote. When there are several demands at the 
 same time, the one for the secret ballot prevails over all 
 the others, whilst that for a viva voce vote comes next. 
 
MODE OE VOTING. 513 
 
 When a division is taken, the President indicates the Italy, 
 parts of the House to which those in favour of the motion 
 and those against it are to go ; the Secretaries count the 
 votes and the result is announced by the President. For 
 the "vivavoce" vote (appello nominate), the President 
 explains the meaning of "Yes" and "No/' and a 
 Secretary calls over the names ; the Secretaries keep an 
 account of the votes, and the President announces the 
 numbers to the House. 
 
 In the case of the secret ballot, the President causes secret ballot 
 two ballot boxes to be produced, explains the manner of 
 voting, and directs the names to be called over. Every 
 voter has two balls given him, a white and a black one, 
 to deposit in the urns, and when the voting is finished, 
 the Secretaries count the balls, and the result is declared 
 as before. 
 
 The vote by rising and sitting is subject to a second vote by 
 
 rising &ncL 
 
 trial, if any member desires it, before the decision has siumg. 
 been given. The President and the Secretaries declare 
 the result of the proof and counter-proof, which can be 
 repeated, and in the event of there still being a doubt, 
 they proceed to a division. When the voting has com- 
 menced, no speaking is permitted until the question has 
 been decided. 
 
 When a bill consists of only one clause and a division 
 has not been asked for and there are no amendments, the 
 vote is not taken by rising and sitting, but by secret 
 ballot. The voting by secret ballot takes place imme- 
 diately after the debate, and voting on the clauses of 
 each bill. Under exceptional circumstances the Presi- 
 dent can postpone the taking of the secret vote until the 
 next sitting, and can also take the vote on several bills 
 at the same time, not exceeding three. 
 
 But when any irregularity has occurred, and especially 
 
 2 L 
 
514 MODE OP VOTING. 
 
 Italy. if the number of votes in any urn should turn out to be 
 greater than the number of voters, the President, after 
 having considered the circumstances of the case, can 
 annul the vote and order another to be immediately 
 taken. In the case of a vote being taken at the same 
 time on more bills than one, any deputies abstaining 
 from voting on any law are required to give notice 
 thereof to the President before the taking of the vote. 
 The bureau of the Presidency will make a note of the 
 abstentions, and will also make a list of those who vote, 
 or abstain from voting, at a secret ballot. 
 
 Voting in In the Senate the voting is conducted in a similar 
 
 the Senate. 
 
 manner. In the vote by rising and sitting, those who 
 are in favour of the motion first rise, and in the counter- 
 proof those who are of the contrary opinion. In either 
 case they are expected to remain standing long enough 
 for their number to be counted. After three ineffectual 
 attempts, the vote is taken by secret ballot or by 
 division. Before a vote by secret ballot or a division, 
 those senators who are of opinion that they ought to 
 abstain from voting are allowed to state their reasons 
 for their abstention. All present are included in the 
 number requisite for the validity of the decision, which 
 is taken by the absolute majority of those voting. 
 
 When a vote is taken by division, the President 
 desires the senators who are in favour of the motion to go 
 to the right, and the others to the left of the Chamber. 
 
 If at the termination of the vote by secret ballot, all 
 the senators do not appear to have voted, the names of 
 those who did not answer may be again called over. 
 
 The ' ' appello nominale " or ' ' viva voce " vote is 
 peculiar to the Lower Chamber. The vote is carried by 
 an absolute majority, and in case of an equality of votes 
 the motion is lost. 
 
MODE OF VOTING. 515 
 
 NETHERLANDS. 
 At the conclusion of the debate, the House proceeds Rnies of 
 
 both Houses 
 
 to a division. The rules of both Houses with respect to identical, 
 voting are identical. Before the names of the members 
 are called over, the number on the list at which the call 
 is to begin is decided by lot, the names coming next 
 being called in their order. 
 
 Each member, on hearing his name pronounced, Mo . de of 
 answers " for " or " against/' giving his vote thus with- 
 out any further addition. The President votes last of 
 all. All resolutions are passed by an absolute majority. 
 If the voting is interrupted, the taking of the resolution 
 is postponed to a later sitting. If in this and in a full 
 House the voting is again interrupted, the bill is con- 
 sidered to be rejected. The debate on the subject under 
 discussion is again opened in the meeting which follows 
 that in which the voting was discontinued. 
 
 In every election by the Chamber, the President 
 appoints four members as collectors and examiners of 
 the votes. After he has announced the number of the 
 members present, and the senior (or first-named) scru- 
 tineer that of the voting papers found in the ballot box, 
 each voting paper is read aloud by the two first-named 
 collectors in turns. The two other scrutineers record the 
 votes. The House is finally informed of the result of 
 the vote by the senior scrutineer. A separate voting 
 paper is used for each candidate, which must contain a 
 distinct description of the person. If any doubt arises, 
 the House decides the question. Voting papers which 
 have not been filled up at all, or have not been filled up 
 properly, are not counted. A majority of votes is of no 
 use if the number of the voting papers found in the 
 ballot box is greater than that of the members who 
 
 2 L 2 
 
516 MODE OP VOTING. 
 
 Nether- voted, and if the difference could have influenced the 
 result of the voting. The voting is invalid if the number 
 of properly filled-up tickets amounts to less than 51. 
 
 If an absolute majority has not been obtained by any 
 one at the first ballot, a second is proceeded with. If in 
 this also the result is similar, a third voting takes place 
 between those four persons who obtained most votes at 
 the second ballot. Should it again happen that no 
 absolute majority is obtained by any one, a fourth voting 
 takes place, which is confined to those two persons who 
 received the largest amount of support at the third 
 voting. If at the second and third ballot it could not be 
 ascertained who were the candidates to whom the voting- 
 must be confined, a previous voting with regard to the 
 persons concerned must take place. 
 
 If in the last-mentioned case, or at the final ballot, 
 the votes are equal, the election is at last decided by a 
 drawing of lots. For this purpose the necessary tickets, 
 with the respective names upon them, and properly 
 folded together, are thrown into a box by one collector 
 of the votes, and are drawn out and read by another. 
 The person is thus chosen whose name is indicated 
 upon the ticket first drawn. These rules also apply to 
 all elections made by the sections or committees. 
 
 POETUGAL. 
 
 A vote is taken in both Houses of the Cortes, either 
 publicly or secretly. In the former category are in- 
 cluded the divisions which are taken by name, or by 
 sitting and rising; in the latter such questions as are 
 decided by " scrutin de liste," or by ballot. 
 
 voting by Voting by name is carried on in the following 
 
 manner : The first Secretary calls the peers (or deputies) 
 
 name. 
 
MODE OP VOTING. 517 
 
 by their names, and each of them answers in a distinct Portugal, 
 voice as to the question proposed, "I approve," or "I 
 reject," whilst the second Secretary writes down the 
 names with the answers. 
 
 The vote by sitting and rising is taken by the voting by 
 President requesting the members who approve of the rising- 
 motion to rise, those who are of the contrary opinion 
 remaining in their seats. One of the Secretaries then 
 counts those who are seated, each Secretary declaring 
 the number of those whom he counted. If any doubt 
 arises as to the result, it is necessary to prove the 
 accuracy of the decision ; the division is repeated in an 
 exactly contrary manner, those who were previously 
 seated rising and those who stood before remaining 
 seated. In order to vote by " scrutin de liste," each 
 member writes on a list as many names as are to be 
 elected, and folding it up places it, when his name is 
 called, in the ballot box which is near the table. 
 
 The lists are to be made on papers of equal size, 
 previously distributed to members, and at the conclusion 
 of the vote they are taken out of the ballot box and 
 counted aloud by the President, who declares the result. 
 Should there be any discrepancy between the number of 
 lists and the members who have votes, the voting is 
 repeated, unless the result is not influenced in any way 
 by the difference. 
 
 A vote by ballot is taken in the following manner : vote by 
 Each member receives a white and black ball, the former 
 signifying approval, and the latter disapproval of the 
 question proposed, and on his name being called, he 
 advances to the table and places in the urn on the right 
 of the President the one which indicates his vote, whilst 
 he puts the other into the urn which stands on the left 
 of the chair. After all the members have voted, the urn 
 
518 MODE OF VOTING. 
 
 Portugal, containing the votes is taken to the table, when the 
 white and black balls are separated and the result is 
 
 voting announced. The accuracv of the vote is tested bv corn- 
 tested. * J f 
 
 paring the number of balls in one urn with those in the 
 other, which ought to correspond exactly. Should a 
 discrepancy be discovered which affects the result, the 
 ballot is repeated. 
 Every In the public divisions the President and Secretaries 
 
 member 
 
 must vote, always vote last, whilst in the secret votings they give 
 their votes first, descending from their places for the 
 purpose. 
 
 No member is exempted from giving his vote if he 
 is present when the voting begins, and in the case of a 
 secret vote he may not leave his place until his name is 
 called, and must return to it immediately after he has 
 voted. When the numbers in a division are equal, the 
 debate is reopened, and if the vote was originally taken 
 without any previous discussion, it is repeated in the next 
 sitting. Should there be an equality of votes on the 
 third attempt, the proposal is rejected. 
 
 When, during a division, it is apparent that a quorum 
 is not present, the President immediately adjourns the 
 Houses, and the names of the members present are 
 inserted in the Journal. 
 
 The vote by name is always taken whenever it is 
 demanded by a member, and supported by a third of 
 those present ; and in all elections there is invariably a 
 ballot. 
 
 After the question before the House is ready to be 
 decided, no member can ask permission to speak, except 
 it is on the mode of voting, or on the manner in which 
 the question is to be put; but in this last case only 
 after the President has indicated the manner in which 
 he is going to propose it. 
 
MODE OF VOTING. 
 
 SPAIN. 
 In the Spanish Cortes a vote is taken in one of the Modes of 
 
 Toting. 
 
 four following methods : 
 
 (1.) By those members rising who are in favour of 
 the motion, and those who are opposed to it re- 
 maining in their seats. 
 
 (2.) By the names of members being called out. 
 (3.) By tickets. 
 (4.) By ballot. 
 As a general rule the first is the one which is ordi- voting by 
 
 rising and 
 
 narily adopted, and the result is announced by one of dttin s- 
 the Secretaries. 
 
 In the event of a doubt arising as to whether a proper 
 decision has been given with regard to the vote 
 given by the members, four tellers are appointed by 
 the President, so that one from each side may count 
 the Ayes and the two others the Xoes, the numbers 
 being announced at once. Xo deputy is allowed to 
 enter or leave the House whilst the votes are being 
 counted. 
 
 Every ordinary voting is repeated by name when the voting by 
 difference between those who approve and those who 
 disapprove is not more than one in the Senate and three 
 in the Lower House, or when the tellers have failed to 
 agree after counting twice. 
 
 Voting will also be by name if asked for by seven 
 deputies before the ordinary voting is published. The 
 voting by name is effected by the senators or deputies 
 calling out their names in the order in which they are 
 sitting, and adding "Yes" or "Xo/ ; according as they 
 vote in the affirmative or the negative. 
 
 An election is conducted by tickets or papers, the 
 members remaining in their seats, whilst two messengers 
 
520 MODE OF VOTING. 
 
 Spain, walk round the House and collect the voting papers in 
 their urns. 
 
 voting by Voting by ballot is adopted when the object in view 
 
 is to inquire into the conduct of any person, or when 
 the House so resolves by a majority of two-thirds. Each 
 member receives, on his name being called, a white and a 
 black ball, the former of which he deposits in the ballot 
 box if he is in favour of the motion, and the latter if he 
 is of the contrary opinion, placing the unused one in 
 another box. The President and the Secretaries then 
 count the votes, and one of the latter announces the 
 result. 
 
 Absolute The definitive voting of the laws, as a whole, is the 
 
 majority, 
 
 necessar on ^ one ^ a k according to Article 37 of the Constitution, 
 requires the presence of an absolute majority of the 
 House. In the case of bills or proposals of law for the 
 granting of favours or pensions, the voting is by ballot. 
 
 Equality of When there is an equality of votes in any of the dif- 
 ferent modes of voting, the debate is re-opened, and the 
 voting is repeated. If the numbers are again equal, a 
 fresh vote is taken in the following sitting, when, if a 
 similar result again follows, the question before the 
 House is negatived. 
 
 Every member who enters the House, whilst the 
 voting is going on, is entitled to vote. A member can 
 also demand that the House be counted, in order to see 
 if a sufficient number be present. The division of a 
 measure may be asked for by a member, and the House 
 will decide whether his demand is to be complied with. 
 
 Every member who is present when the voting is not 
 secret, may reserve his vote without giving any explana- 
 tion, and record it in the minutes of the next sitting, and 
 all members of either House may signify their adherence 
 to its resolutions, although they may have been taken in 
 
MODE OF VOTING. 521 
 
 their absence. Previous to the commencement of the Spain. 
 voting the question must always be put, " Shall the 
 division take place ?" 
 
 SWEDEN. 
 
 When a vote on a resolution or election is to be taken, Mode of 
 four members, at the request of the President, take their 
 places at the President's table, two to assist at the opening 
 of the voting papers and those which verify them, and two, 
 together with the Secretary, to record the votes given. 
 When the names of the members are afterwards called out, 
 each member, as his name is called, is required to deliver 
 his voting paper to the President at the table. It is 
 the duty of the President to make rules to prevent 
 crowding whilst the voting papers are being delivered. 
 The voting papers are to be opened and read out by the 
 President, and the separate lists thereof compared with 
 one another, and immediately after the close of the 
 voting or election the result is made known by the Presi- 
 dent, and a record is at once made of the proceedings, 
 and signed by the President and the four members 
 who have taken their seats at the President's table. 
 
 When, at an election in the Second Chamber, the Procedure 
 
 at an elec- 
 
 voting papers have been given in, the President, if the 
 Chamber so resolves, passes over to the Yice-President Chamber - 
 a certain number of the papers, to be by him, together 
 with four members and one of the officers of the 
 Chamber, opened, examined, read out, and noted in 
 the order above prescribed. The result of an election 
 in the Second Chamber is made known to the Chamber 
 by the reading and revision of the record of election, 
 which is made and kept by the Secretary. 
 
 Voting is always effected by means of printed and 
 
522 MODE OF VOTING. 
 
 Sweden, unmarked, single, closed, and rolled up slips of paper, 
 and in order to avoid an equal number of Yeas and 
 Noes in cases where only a simple majority is required,, 
 the President, before the counting, takes out one of the 
 
 Decision slips, seals it, and puts it aside. If, after this, on 
 
 when votes . . . . , ... , . 
 
 are equal counting, the remaining slips on either side are equal in 
 number, the sealed slip is opened and decides the 
 question. But if a majority is already obtained, the un- 
 opened slip must at once be destroyed. 
 
 NOEWAY. 
 
 Modes of When a debate is concluded, the President puts the 
 
 motion to the vote. If the question has been divided 
 during the proceedings into several questions, the 
 President puts each question in order to the House, such 
 order having been stated and agreed upon. The 
 question having been put, the vote is taken in one of 
 the following manners : 
 
 By standing (1.) By the President requesting the members who 
 
 are against a proposal to stand up. 
 
 By calling (2.) BV calling of the names. 
 
 the names. 
 
 This mode of voting is to be employed in all matters 
 of any importance if a difference of opinion is anticipated. 
 
 If the President considers the calling of the names 
 unnecessary, but any other member of the assembly is of 
 a different opinion, the mode of voting is settled without 
 debate by a vote taken in the manner first mentioned, 
 viz., by standing up. 
 
 The calling of names also takes place when the first- 
 mentioned mode of voting has been employed, but the 
 President, or a fifth part of the voters, declares that the 
 result cannot be determined with certainty. 
 By voting (3.) By voting papers. 
 
MODE OF VOTING. 523 
 
 This method is only used on important occasions when Norway, 
 the greater part of the voters require it, each member, 
 after the question has been put, giving in his vote, dated 
 and signed for registration. 
 
 Every member may, without regard to which of the Members 
 three foregoing methods of voting has been employed, writing, 
 read out, or have read out, a written vote on the same 
 day before the conclusion of the proceedings, or, if that 
 is not possible, at the next meeting, at its commencement 
 or before its close. If the written vote contains no other 
 grounds than such as have been stated during the 
 debate on the subject, it shall be included in the 
 records. 
 
 (4.) By closed voting papers without signature. 
 
 This last method is only to be employed at the elec- By unsigned 
 tions of officers of the House and members of com- papers, 
 mittees. No member who is absent at the conclusion of 
 a debate, can give a vote ; nor can any one who is then 
 present and entitled to vote, leave the House before the 
 close of the division. 
 
 In all cases not specially provided for, a question is 
 decided by a simple plurality of votes, the President 
 having the casting vote, when, in either of the three first 
 modes of voting, the votes are equally divided. 
 
 If, on a vote by secret voting papers, the greatest 
 number of votes is obtained by several of the candidates, 
 any of the members may at once require a fresh vote 
 between these. If, however, a fresh vote is not required, 
 or if on its being given, the highest number is again 
 obtained by several, these draw lots, absentees being 
 represented by members of the assembly appointed by 
 the President. 
 
 When a question is under debate, the House may not 
 adjourn until the question is settled by a vote, unless 
 
524 MODE OF VOTING. 
 
 Norway, the postponement is determined on by plurality of 
 votes. 
 
 A matter having been once settled, cannot be brought 
 forward again in the same Storthing. 
 
 SWITZE ELAND. 
 
 Vote on Before the voting begins, the President submits to 
 
 amend- 
 
 the Assembly the order in which the question shall be 
 put to the vote. If any member raises an objection, the 
 Assembly gives its decision immediately. Amendments 
 to amendments are put to the vote before the amend- 
 ments, and these latter before the principal motion. 
 
 When a vote has been taken on all the motions, if none 
 of them has obtained the majority, the Assembly decides 
 by a new vote between the two motions which have had 
 the least votes, which is the one to be struck out. The 
 other motions are then put to the vote, and this is 
 continued until one of them obtains the absolute 
 majority. 
 
 The adoption of an amendment to an amendment 
 does not oblige the amendment itself to be voted, and 
 the adoption of an amendment involves nothing more 
 with regard to the principal motion. 
 
 No member can be compelled to vote. If a part of 
 the members present decline to do so, the majority of 
 those who vote decides. 
 
 When a question is susceptible of being divided, each 
 member can demand its division for the voting. This 
 division always takes place in the case of complex ques- 
 tions. When the subject of the discussion is composed 
 of several articles, it is submitted, after the voting on 
 the articles, to a vote on the whole. 
 
 The voting takes place by sitting and rising, unless 
 
MODE OP VOTING. 525 
 
 20 members in the Xational Council demand the " appel Switzer- 
 
 IciiicL* 
 nominal." If this happens, the names of those who vote 
 
 are inserted in the minutes of proceedings. The Presi- vote of 
 
 "Prpsident 
 
 dent does not vote unless the votes are equally divided. 
 In this case he can, from his place, give the reasons for 
 his vote. 
 
 The first debate on a bill having terminated, each Reconsidera- 
 tion ot 
 member has the right to propose the reconsideration of clauses. 
 
 certain clauses. The House pronounces without dis- 
 cussion as to whether the motion shall be taken into 
 consideration or not. If the motion is adopted, the 
 clauses are submitted to a fresh debate. 
 
 In the States Council the voting is by show of voting in 
 
 States 
 
 hands, unless the " appel nominal" is demanded by 10 counca. 
 members. 
 
 UNITED STATES OP AMERICA. 
 
 The manner of dividing* the House, as originally original 
 established by the rule of April 17th, 1789, was, that the voting, 
 members who voted in the affirmative went to the right 
 of the Chair, those in the negative to the left. This 
 was doubtless taken from the old practice of the House 
 of Commons. The passing of the members to and fro 
 across the House was found so inconvenient, and took 
 up so much time, that this mode of dividing the House Present 
 
 mode. 
 
 was, on the 9th of June, 1 789, changed to the present 
 form ; the members of each side of the question rising 
 in their seats and being there counted. 
 
 At the conclusion of a debate, the presiding officer of Form of 
 
 question. 
 
 each House puts the question in this form, viz., " As 
 " many as are in favour (as the question may be) say 
 {{ Aye," and after the affirmative voice is expressed, "As 
 "many as are opposed say No." If he doubts, or a 
 
526 MODE OP VOTING. 
 
 United division is called for, the House divides, those in the 
 affirmative of the question first rising from their seats, 
 and then those in the negative. If he still doubts, or 
 a count is required by at least one-fifth of a quorum, 
 he names one from each side of the question, to tell the 
 numbers in the affirmative and negative, which being 
 reported, he rises and states the decision. 
 
 Rule as to J n the Senate, if the votes are equally divided, the 
 
 call of I J 
 
 " Nays."' and Vice-President announces his opinion, which decides. 
 By the 16th and 17th rules of the Senate, when the Teas 
 and Nays shall be called for by one-fifth of the members 
 present, each member called upon shall, unless for 
 special reasons he be excused by the Senate, declare 
 openly, and without debate, his assent or dissent to the 
 question. In taking the Yeas and Nays, and upon the 
 call of the House, the names of the members are taken 
 alphabetically. When the Yeas and Nays are taken 
 upon any question in pursuance of the above rule, no 
 member is permitted, under any circumstances whatever, 
 to vote after the decision is announced from the Chair: 
 but a senator, by special leave of the Senate, may 
 change or withdraw his vote after such announcement. 
 
 When it is proposed to take the vote by Yeas and 
 Nays, the President or Speaker states that (e the question 
 is whether, e.g., the bill shall pass that it is proposed 
 that the Yeas and Nays, shall be entered on the Journal 
 Those, therefore, who desire it will rise/' If he finds 
 and declares that one-fifth have risen, he then states 
 that " those who are of opinion that the bill shall pass 
 are to answer in the affirmative, those of the contrary 
 opinion, in the negative/' The clerk then calls over the 
 names alphabetically, notes the Yea and Nay o each, 
 and gives the list to the President or Speaker, who 
 declares the result. 
 
MODE OP VOTING. 527 
 
 "\Ylien a vote taken by Yeas and Nays shows that no United 
 
 States. 
 Quorum. 
 
 quorum has voted, it is the duty of the Chair, under the 
 
 constitution (1, 5 ; 1, 5), to take notice of that fact.* 
 
 The House thereby becomes constitutionally dis- 
 qualified to do further business, except that business 
 which the constitution authorises the House to do when 
 a quorum is not present, i.e., to adjourn or order a call 
 of the House. t 
 
 This rule has held good up to the meeting of the 
 present (51st) Congress, since which an addition has 
 been made to the new rules agreed to by the House of 
 representatives (17th February, 1890), by which (i on 
 " the demand of any member, or at the suggestion of 
 " the Speaker, the names of members sufficient to make 
 " a quorum in the hall of the House who do not vote, 
 " shall be noted by the clerk and recorded in the 
 " Journal, and reported to the Speaker with the names 
 " of the members voting, and be counted and announced 
 " in determining the presence of a quorum to do 
 " business." (Rule XV.) 
 
 This rule was recently enforced by the Speaker in 
 the debate on the Idaho Admission Bill when the 
 Democrats declined voting. The Speaker ordered the 
 clerk to read the names of 67 Democrats present but 
 not voting, which with those voting he declared made 
 a quorum, and decided that the bill had passed by 
 129 to 1. It is stated that the Democrats intend to make 
 this a test case before the Supreme Court, when Idaho, 
 after becoming a State, attempts to send members to 
 Congress.^ 
 
 Pairs are announced by the clerk, after the com- 
 
 * " Journal" 1, 48, pp. 1385, 1386. 
 
 t " Congress Globe " 2, 42, p. 3857 (May 24, 1872). 
 
 I See The " Times," April 5th, 1890, p/5. 
 
528 
 
 MODE OF VOTING. 
 
 United pletion of the second roll-call,, from a written list 
 furnished him, and signed by the member making the 
 statement to the clerk, which list is published in the 
 record as a part of the proceedings immediately following 
 the names of those not voting : Provided, pairs shall be 
 announced but once during the same legislative day. 
 The adoption of this rule in the revision of the rules in 
 the second session, forty-sixth Congress was the first 
 recognition of " pairs " in the rules of the House. 
 
 In the Senate, if there be an equal division, the 
 Secretary calls on the President, and notes his 
 affirmative or negative, which becomes the decision of 
 the House. 
 
 Refusal of When a senator has refused to vote, and on being 
 
 senator to 
 
 vote. required to do so, has given his reasons for refusing, the 
 presiding officer thereupon submits the question to the 
 Senate, " Shall the senator for the reasons assigned by 
 him be excused from voting ? " which is decided with- 
 out debate. These proceedings are taken after the roll 
 has been called, and before the result of the vote is 
 announced, and any further proceedings by the Senate 
 in reference thereto are taken after such announce- 
 ment. 
 
 vote of In the House of Eepresentatives the Speaker is not 
 
 required to vote in ordinary legislative proceedings, 
 except when his vote would be decisive, or when the 
 House is engaged in voting by ballot ; and in all cases 
 of a tie-vote the question is lost. All members must 
 Tote unless specially excused, and a member has the 
 right to change his vote before the decision of the 
 question has been finally and conclusively pronounced 
 by the Chair, but not afterwards; and it is not com- 
 petent for a member to have the Journal amended so as 
 to have the record of his vote changed upon a repre- 
 
MODE OF VOTING. 529 
 
 sentatioii that such vote,, though recorded as given, United 
 .riven under a misapprehension."* 
 
 A member of a conference committee, absent on the 
 business of his committees,, or a member of a committee 
 authorised to sit during the session of the House, is, 
 according to the recent practice, understood to be absent 
 by leave of the House. But such absence does not 
 authorise the Speaker to entertain the request of a 
 member to have his vote recorded after the second call 
 of the roll has been completed. On motions to adjourn, 
 to fix the day to which the House shall adjourn, and 
 for a call of the House, it has been held not to be in 
 order to ask to be excused from voting ; and for the 
 obvious reason, that nothing but a desire to waste 
 time, and thereby delay legislation, or to prevent a 
 majority adjourning, could possibly influence a member 
 in making the request. f 
 
 Attempts have been made in several Congresses, 
 in both Houses, to compel members to vote who had 
 refused to answer when their names were called, but 
 without success. Although the rule (first adopted 
 April 7th, 1789), is imperative, that "every member 
 shall vote on each question put, unless he shall be 
 excused," it has never been enforced when a member 
 has refused to vote. 
 
 * Journals, 2, 8, p. 167 ; 2, 27, p. 263. 
 
 t Congress Globe, 1, 31, p. 376; Journals, 1, 31. p. 1538. 
 
 2 M 
 
530 
 
 PETITIONS. 
 
 CHAPTER VIII, 
 
 PETITIONS. 
 
 AUSTRIA-HUNGARY. 
 
 Delegation. Petitions and other memorials to a Delegation can 
 only be admitted when presented by a member, and they 
 must be entered with a short summary of their contents, 
 in a list annexed to the short-hand reports. Those memo- 
 rials and petitions which do not come within the 
 cognisance of the official Bureau, are referred by the 
 President to a petition committee, which is chosen for the 
 period of one session, and which shall make a report 
 thereon to the Delegation. Anonymous petitions are 
 simply put aside without any notice being taken of their 
 contents. 
 
 Austria. 
 Petitions 
 entered in 
 register. 
 
 Petitions 
 not read or 
 seconded. 
 
 Petitions and other addresses to the Reichstag must 
 be brought in by a member, as otherwise they are not 
 received, an abstract of their contents being entered in a 
 register which is attached to the short-hand reports of 
 the House. 
 
 No petition can be read unless a motion to this effect 
 has been made and carried by a member without debate, 
 and it is also contrary to the rules to mention the contents 
 of petitions, or to second them when they are presented. 
 
PETITIONS. 531 
 
 The President refers those petitions the contents of which Austria- 
 have no bearing on the business of the Bureau to a per- 
 manent committee, or to a special committee, or to the 
 general committee of petitions. If a member moves the 
 transfer of a petition to any other committee than that 
 appointed by the President, a division is taken on the 
 motion without debate. 
 
 The general committee for the examination of peti- committee 
 tions reports from time to time, at least every four weeks, ever y four 
 on the petitions which have been referred to it; other 
 committees draw up a report on those only whose object 
 has not already been attained by a deliberation and vote 
 on other questions referred to these committees, so that 
 these petitions can be discussed and voted upon by the 
 House together with the other questions. The reports on 
 petitions are usually presented viva voee. The House, 
 however, when it refers them to the committee, may de- written 
 mand written reports on them, or the committee may. in can be 
 
 demanded. 
 
 certain cases, when it thinks it necessary, submit a report Printed list 
 
 f of petitions 
 
 in writing. In the case of verbal reports, a printed list Jj^ 
 of those petitions on which a report is to be made must 
 be circulated amongst the members, with not only a short 
 abstract of the petitions, but also the wording of the 
 resolution proposed by the committee. 
 
 Petitions which have not been disposed of at the Petitions 
 
 not disposed 
 
 end of the session are forwarded by the President to the of sent to 
 
 * government. 
 
 Government, to be disposed of as the latter may think 
 fit ; anonymous petitions and addresses being always laid 
 aside. 
 
 HUNGARY. 
 
 All petitions are presented through a member to the petitions 
 President, after having been endorsed with his name. A acommittee. 
 
 '1 M '2 
 
532 PETITIONS. 
 
 Hungary, petition, when it has been laid before the House by the 
 President, is immediately referred to the committee on 
 petitions, which consists of 15 members, and reports from 
 
 List of time to time to the House. A list of the petitions to be 
 
 petitions 
 
 distributed, discussed having been printed in advance and distri- 
 buted amongst the members of the House, the petitions 
 themselves are exhibited in the offices of the House 
 during the three days that precede their discussion. 
 
 considered The petitions, after the report of the committee has 
 
 ^ ya - been presented, are discussed every week in the Satur- 
 day sitting, after the time fixed for the discussion of the 
 order of the day. 
 
 A petition relating to a subject which has already 
 been decided cannot be discussed any more during the 
 session, and is merely reported by the committee for the 
 
 Copy of information of the House. Any person interested in a 
 
 decision 
 
 "b^in'd petition may obtain from the Secretary of the House an 
 authenticated copy of the decision which has been arrived 
 at by the House in the case. 
 No member who has presi 
 behalf can be present during 
 
 sent b du P ring committee or in the House. But if a petition has been 
 presented against him, the statement contained in it is 
 communicated to him beforehand, so that he may be pre- 
 pared to defend himself, either verbally or in writing, 
 both in the committee or before the House ; he cannot, 
 however, take part in the debate or in the voting which 
 is consequent thereon. 
 
 BELGIUM. 
 
 Petitions All petitions which have been presented to either 
 
 referred to . . . 
 
 committee. House are referred to the committee on petitions, which 
 
 Cases where No member who has presented a petition on his own 
 interested behalf can be present during its discussion either in the 
 
 may or may 
 
PETITIONS. 533 
 
 makes a report once a month (in the Senate once a week) Belgium, 
 on any which may seem to them to be of sufficient import- 
 ance to require it, or on those for which a member has 
 within three days of their publication, either in the 
 House or by writing to the committee, demanded a 
 report. Three days at least before the sitting at which Fiy-ieaf 
 
 J issued three 
 
 the report is to be heard, a fly-leaf is printed and circu- 
 lated, showing the name and address of the petitioner, 
 the object of the petition, its number on the list, and, if 
 thought advisable, the name of the member on whose 
 motion the report is made. 
 
 The committee decides on all petitions on which it Decisions of 
 
 committees 
 
 has made no report. Its decisions are published on the published, 
 tenth of the following month in a special fly-leaf, which NO person 
 
 . . . can present 
 
 indicates also those petitions on which it has neither his own 
 
 petition. 
 
 decided nor reported. The committee for the following 
 month reports upon the petitions which are in arrear. No 
 person is allowed to present his own petition to either 
 Chamber. 
 
 Both Houses have the right to refer to the Govern- Petitions 
 ment any petitions which have been addressed to them, government, 
 and ministers are bound to give explanations with 
 regard to their contents whenever either Chamber re- 
 quires them. 
 
 DENMAEK. 
 
 Xo petition can be presented to either House of the Petitions can 
 Kigsdag except through one of its members. Under the ^^f by 
 head of petitions are included addresses, complaints and 
 applications from persons who are not members of either 
 House. Their reception is announced to the House by 
 the President, and they are laid on the table without 
 being read. If the President or the member who ha* 
 
534 PETITIONS. 
 
 Denmark, received the address desires that it shall be read, the 
 question is put to the vote at a subsequent sitting. The 
 reading is, however, only allowed when three-quarters of 
 the members present agree to it. 
 
 Petitions Each petition must be referred to the committee to 
 
 referred to a 
 
 committee, which the member presenting it wishes it to be trans- 
 ferred, or in case of there being no such demand, to the 
 committee on petitions. Petitions for the consent of the 
 House, under paragraph 57 of the Constitution, must in 
 all cases be referred to the Standing Committee on Peti- 
 tions, and those relating to election matters to the 
 General Committee on Elections. 
 
 Report of The Committee to which a petition is referred reports 
 
 committee. 
 
 upon it to the House, and declares whether or not in its 
 
 Proposal opinion any proposals should be made with respect to it ; 
 
 discussed, proposals of this nature being submitted to one reading, 
 
 according to the rules prescribed for the second reading 
 
 of bills. In the event of the committee proposing no 
 
 resolution, it is competent to any member to make a 
 
 proposal, which is treated in the same way as if it had 
 
 been made by the committee. 
 
 FRANCE. 
 
 The rules relating to petitions are almost identical 
 in both Houses of the French Legislature. Every 
 petition must be in writing and signed by the petitioner, 
 or one of them, if there should happen to be several, 
 with the addition of their addresses. The signatures 
 of petitioners ought to be certified by the proper 
 authorities, but should this certificate have been refused, 
 the petitioner is expected to mention the fact in his 
 petition. 
 
PETITIONS. 535 
 
 Petitions are usually addressed to the President of France, 
 the House to which they are sent, but there is nothing Jow" 00 * 
 to prevent their being deposited by a senator or deputy, 
 who makes a note of the deposit in the margin and signs 
 it. Xo petition which has been brought or transmitted 
 by a public meeting assembled in the highway can be 
 received. 
 
 All petitions are inserted in a general list in the order List of 
 of their arrival. This list, which is printed and dis- 
 tributed in the Chamber, contains the number of each 
 petition and the name and address of at least one peti- 
 tioner, with a short abstract of the contents of the peti- 
 tion ; and when the petition is not addressed directly to 
 the President, the name of the member who deposited it 
 must also be added. 
 
 Petitions which have been placed on the list are re- 
 ferred to the committee on petitions, unless they relate 
 to some question which is actually at the time under 
 the consideration of a select committee, when they are 
 sent direct to that committee by the President of the 
 Chamber. A similar reference can equally be made by 
 the committee on petitions itself. 
 
 The committee, after careful examination of each classification 
 
 by com* 
 
 petition, divides them into three classes in the following mittee. 
 order, viz : (1) Those which it is of opinion ought to be 
 referred to a minister; (2) Those which it considers 
 ought, independently of this reference, to be submitted 
 to examination by the Chamber ; and (3) Those which 
 it decides ought not to be further proceeded with. Notice Notice to be 
 is sent to the petitioner of the resolution which has been petitioner. 
 adopted with regard to his petition, and of its number on 
 the general list. 
 
 A fly leaf which is distributed once a week, if ny.ieaf 
 required, to the members of the Chamber (or to the to members. 
 
536 PETITIONS. 
 
 France. Senate every month), contains the name and address of 
 each petitioner,, a short abstract of his petition, and the 
 resolution which has been adopted by the committee in 
 each case ; to which is added a summary of its reasons 
 and the name of the reporter. The committee can, if it 
 so decides unanimously,, merely cause the petition to be 
 entered in the fly-leaf, by its number and by the name of 
 its author, with an indication of the resolution which has 
 Demand for been adopted. Every deputy is at liberty before the ex- 
 petitions, piration of the month in which the fly leaf was issued, to 
 demand that the report on a petition be presented in the 
 House, without reference to the class in which the com- 
 mittee may have placed it, and on the demand being made 
 the report is immediately made. After the end of the 
 month, the resolutions of the committee become definitive 
 with regard to those petitions which have not been made 
 the subject of public report, and they are mentioned in 
 the Official Journal. The committee reports the petitions 
 Priority and at a public sitting. Priority and urgency can be de- 
 manded for the examination of a petition ; and on this 
 demand being summarily moved with explanations, the 
 Chamber gives its decision. The reporter or a member 
 of the Government can always be heard, and it is incum- 
 bent on the special committees to which petitions have 
 been referred to mention them in their report. 
 Decision of After a delay of six months the ministers inform the 
 
 ministers 
 
 chamber 18 House, by a notice which is inserted in the fly-leaf distri- 
 buted to the members of the Chamber, of the course 
 which they have pursued with regard to the petitions 
 which have been respectively referred to them. 
 
 G-EBMANY. 
 
 Petitions are referred to the committee which is 
 
PETITIONS. 537 
 
 especially appointed for their consideration, unless they Germany, 
 relate to some question which is already the subject of 
 debate in another committee. In the latter case, they 
 are forwarded by the President to that particular com- 
 mittee,, or if they have already been referred to the 
 general committee on petitions, on the motion of the latter. 
 The contents of the different petitions are circulated contents of 
 amongst the members in a tabulated list once a week. circulated. 
 Each member of the committee on petitions, who Member of 
 
 committee 
 
 has held a seat therein for eight weeks can demand 
 the nomination of a substitute by means of a fresh 
 election. 
 
 A discussion in the House takes place only on such 
 petitions as have been recommended for that purpose 
 either by the committee or by 15 members of Parlia- 
 ment. 
 
 The committee, if the proposal emanates from it. is committee 
 
 r r f ' presents 
 
 bound to draw up a report on the petition; but if, on the port {[ 11 
 other hand, ths proposal is made by members, the pro- [f^thl by 
 ceedings are regulated according to the rules which are H< 
 observed with regard to motions which are not of the 
 nature of bills, and which require the vote to be taken Decision 
 after a single debate, and all amendments to be sup- a sin i le 
 ported by at least 30 members. 
 
 GREECE. 
 
 Petitions are forwarded by the President to the Petitions, 
 committee on petitions. They must be inserted in a 
 special register, and be numbered in the order in 
 which they were presented; in it also is inserted a 
 resume of the petitions with the name and address of 
 the petitioner. Anonymous or abusive petitions can- 
 
38 PETITIONS. 
 
 Greece. not be accepted or inserted in the register. The Presi- 
 dent is responsible for the printing and distribution of 
 this register to the members before the report of the 
 committee on petitions has been submitted. Should 
 any petition refer to matters already laid before the 
 House and referred by it to any committee, such 
 petition must be immediately forwarded to that com- 
 mittee by the President. A fortnightly report is 
 submitted by the committee to the House on petitions 
 received, during that period and the House must, on 
 every occasion determine the date of the debate. 
 
 ITALY. 
 
 Persons Every one in Italy who is of full age has the right 
 
 presenting to present a petition to the Chambers, who refer it to a 
 
 petitions. 
 
 AH petitions committee, and after having received its report, con- 
 a committee, sider if the petition ought to be taken into consideration. 
 Should the resolution be in the affirmative, the petition 
 is forwarded to the minister who is especially in- 
 terested in the particular matter, or to the bureaux, for 
 their opinion. 
 
 NO petition No petition can be presented personally to either 
 presented by Chamber, and constituted authorities alone are permitted 
 
 petitioner. 
 
 to forward their petitions collectively. 
 
 Petitions must be in writing and signed by the peti- 
 signed? and tioners ; they are inscribed in a register in the same 
 order in which they were presented, with an inscription 
 of the number and date of each petition. To these are 
 added the name and address of the petitioner, as well as 
 the object to which the petition refers and the documents 
 by which it is accompanied. For petitions which con- 
 tain a large number of signatures, a comprehensive 
 statement of their number and quality is substituted m 
 
PETITIONS. 539 
 
 the place of enumerating each separate name in the Italy, 
 register. 
 
 Notice is given of all petitions which have been Certain 
 received by the President, and they are immediately specially 
 forwarded to the committee on petitions, unless they 
 refer to any bill which is in course of examination or dis- 
 cussion, when they are transmitted direct to the Central 
 Bureaux, or to the committee which has charge of the 
 bill. 
 
 A printed list, extracted from the above-mentioned Extracts 
 
 from register 
 
 register and containing the necessary information, is dis- emulated. 
 tributed at least three days before the sitting in which 
 the petitions comprised in the list are to be considered. 
 These petitions, after three days have elapsed from the 
 distribution of the list, are considered as tacitly placed on 
 the order of the day until the list is exhausted. 
 
 Every senator can take cognisance of petitions pre- 
 sented to the Senate, having recourse for that purpose to 
 the President of the committee or Central Bureaux to 
 which they have been transmitted. Petitions are con- 
 sidered by the committee as far as possible in the order 
 in which they have been presented and inserted in the 
 register. Should priority or urgency be demanded on vote on 
 
 ^ . priority or 
 
 behalf of a petition, the House decides the question by urgency, 
 rising and sitting and without debate. 
 
 Petitions are divided by the committee into five 
 classes, viz. : (1) petitions which are anonymous or of 
 doubtful authenticity, or contrary to Articles'* 57 and 58 
 of the Constitution ; (2) petitions which are insulting to 
 religion, to the King, or to Parliament, or which are evi- 
 dently contrary to the Statute, or inconvenient in form ; 
 
 * These articles refer to the rnle, that every petitioner must be of 
 full age, and that no petitioner can present his petition himself. 
 
540 PETITIONS. 
 
 Italy. (3) petitions for things beyond the competency of Par- 
 liament,, such as requests for offices, subsidies, and the 
 like ; (4) petitions entertaining appeals for an object of 
 public or private interest which are not within the direct 
 competency of the tribunals, and for which, according 
 to the petitioners, the administration has refused or 
 omitted to provide, or has provided in a manner contrary 
 to law; (5) petitions which contain useful information 
 and suggestions. 
 
 certain facts In default of the usual legal proofs for ascertaining 
 tained'by the authenticity of a petition and the majority of the 
 
 committee. r J 
 
 petitioner, the committee ought to verify one at least of 
 the following conditions, viz. : that (1) the petition is 
 accompanied by a certificate of birth of the petitioners, 
 and by a statement of their usual address ; (2) that the 
 signatures of the petitioners are certified by the signa- 
 ture of the Syndic of the Commune where they reside, 
 who declares that they are full of age; (3) That the peti- 
 tion is presented by a member who declares expressly 
 Character of that he is aware of the existence of the petitioners. In 
 
 reports on . . . 
 
 petitions in petitions collectively signed, no account is to be taken of 
 
 the different r 
 
 classes. signatures which are not authenticated in one of the 
 ways above mentioned. Petitions of the first class are 
 not reported upon, but have only a simple indication of 
 their number in the list and of the reason why they can- 
 not be reported to the House. Upon those in the second 
 and third classes, the reporter of the committee, limit- 
 ing himself to a statement of their character, proposes 
 the order of the day pure and simple. With regard to 
 petitions contained in the fourth class, whenever the 
 committee considers that they are worthy of being 
 taken into consideration, it proposes to the House to re- 
 fer them to one or more ministers with an explanation of 
 the reasons of its motion, Finally, those petitions which 
 
PETITIONS. 541 
 
 are in the fifth class can be deposited in the archives of Italy. 
 the House,, or be referred to a particular bureau, or to a 
 committee, or else to one or more of the ministers. The Motions for 
 
 order of the 
 
 order of the day can always be moved with respect to da ^- 
 petitions in the two last classes, either by the committee 
 or by a member, when they appear to be devoid of any 
 foundation or value. Petitions upon which no decision Petitions not 
 
 disposed ot 
 
 has been come to before the prorogation, cannot be mu ? fc be 
 taken up in the following session unless they are pre- P resented - 
 sented again. 
 
 JAPAN. 
 
 All petitions addressed to either House by the people Petitions 
 are received through the medium of a member. presented by 
 
 a member. 
 
 Petitions are submitted in either House to the Committee 
 
 on petitions. 
 
 examination of the committee on petitions. 
 
 When the committee on petitions consider that a informal 
 
 petition to be 
 
 petition is not in conformity with the established rules, retlinied - 
 the President returns it through the member through 
 whose medium it was originally presented. 
 
 The committee on petitions shall compile a list, in Report on 
 
 petitions. 
 
 which shall be noted the essential points of each peti- 
 tion, and shall report once a week to the House. 
 
 When it is asked for by a special report of the com- Debate on 
 
 petitions. 
 
 mittee on petitions or by not less than 30 members 
 of the House, either House may proceed to debate on 
 the matter of the petition in question. 
 
 When either House passes a vote to entertain a peti- procedure 
 tion, the petition shall then be sent to the Government, 
 together with a memorial of the House thereon, and the 
 House may, according to circumstance, demand a report 
 thereon of the Government. 
 
 Neither House can receive a petition presented by a Rule as to 
 
542 PETITIONS. 
 
 Japan. proxy, excepting when sucli proxy is a party recognised 
 
 by law as an artificial person. 
 
 received nofc Neither House can receive petitions for amending the 
 constitution. 
 
 Petitions shall be in the form and style of a prayer. 
 No petition, that is not so entitled, or that does not 
 conform with the proper form and style, shall be received 
 by either House. 
 
 Neither House can receive a petition that contains 
 words of disrespect towards the Imperial Family or those 
 of insult to the Government or the House. 
 
 Neither House can receive petitions interfering with 
 the administration of justice or with administrative liti- 
 gation. 
 
 Both Houses shall separately receive petitions, and 
 shall not interfere with each other in such matters. 
 
 NETHERLANDS. 
 
 Nomination Both Chambers of the States G-eneral nominate coni- 
 
 of Com- 
 
 m ittees of five members each, whose duty it is to 
 conside and report upon all petitions which are referred 
 in the upper to them. In the Upper House, the committee is ap- 
 
 House. 
 
 in the Lower pointed by the President for the whole session, and in 
 
 House. 
 
 the Lower House the practice is the same, it being no 
 
 longer usual to select the members, one from each 
 
 section, every two months, and when at the opening of 
 
 a session, four months have not elapsed since they were 
 
 last appointed, they continue also for that session. 
 
 unsigned All petitions without signatures or on unstamped 
 
 rejected. paper are rejected by the President (who informs the 
 
 House of it) unless the law does not require them to be 
 
 stamped, or evidence is given that the petitioners are 
 
PETITIONS. 543 
 
 not able to pay for the stamp, by a declaration from the Nether- 
 authorities of the place in which they reside. 
 
 If the committee have any doubt as to the genuine- special 
 
 /.,-, . , inquiry as to 
 
 ness or tne signatures, an inquiry may be instituted into signatures. 
 the matter through the President of the Chamber. 
 
 It is the duty of the committee to issue the report on committee 
 the documents placed in their hands as quickly as report. 
 possible, and on the day previous to its presentation they 
 are required to forward to the President a list containing 
 the names, professions and addresses of the petitioners, 
 with an abstract of the contents of the petition and of 
 the proposed report and the name of the reporter. 
 Copies of this list are placed in the Hall of Assembly 
 for the use of the members. If no objection is raised to 
 the character of the report, the President declares that 
 it is adopted by the House ; but if, on the other hand, 
 any opposition should arise he opens the debate, and 
 the Chamber comes to a decision on the question. 
 
 In the Upper House, if the debate on a petition is Adjourned 
 
 adjourned, its further consideration is put down for the a 
 next sitting at the head of the list of orders of the day. 
 When petitions which relate to the subject of a future 
 debate have been referred to the committee, the report 
 is published before the commencement of this debate. 
 Petitions which refer to bills before the House may be 
 sent to the committee of reporters after the report on 
 them has been made. Whenever petitions touch on sub- Petitions 
 
 relating to 
 
 jects which relate to the business of the House, the ^ e si 
 committee of petitions may elect another committee, 
 composed of one member from each section, which is 
 charged, after a careful examination of the facts, to 
 make a definite proposal to the House. 
 
 In the Upper House the report on a petition can be 
 ordered to be printed, but not the petition itself. 
 
544 
 
 PETITIONS . 
 
 Nether- At the close of the session,, a list is made up of the 
 
 petitions on petitions on which no report has been made,, with a note 
 report Sas of the date on which they were presented. These 
 petitions,, as well as those which come in after the pro- 
 rogation, are at the beginning of the following session 
 referred to the new committee en petitions. 
 
 been made. 
 
 Manner of 
 receiving 
 petitions. 
 
 Register. 
 
 PORTUGAL. 
 
 To the committee of petitions in both Houses belongs 
 the duty of examining every petition which is presented 
 to their respective Chambers. 
 
 For the purpose of receiving any petition that may 
 be presented, a chest is kept in the hall of each House,, 
 members being prohibited from presenting the petitions 
 of individuals. 
 
 A register is also kept in which are set down alpha- 
 betically the names of the petitioners, the dates of putting 
 the petitions into the chest, and their object, as well 
 as the resolutions taken, or the destination given to 
 them. 
 
 Petitions which from their nature belong to the per- 
 manent or special committees are immediately referred 
 to them by the Standing Committee. 
 
 Petition 
 list, &c. 
 
 Referred to 
 the com- 
 mittee. 
 
 SPAIN. 
 
 All petitions presented to the Cortes are entered in 
 a list which is kept at the Secretary's office, and in which 
 is noted the name of the petitioner and the object of his 
 petition. 
 
 These lists and the petitions to which they relate are 
 referred without delay to the Standing Committee to 
 report upon. 
 
PETITIONS. 545 
 
 If the Committee should be of opinion that any of Spain 
 them ought not to be taken into consideration by the c ' ( 
 House, it will report " that there is no ground for further 
 deliberation," but if, on the contrary, it thinks that they 
 are worthy of being considered, but that it is rather the 
 duty of the Government or the Courts to take action 
 upon them, it proposes that they be sent to that branch 
 of the Government which is immediately concerned, as 
 no petition is ever forwarded from either House with any 
 recommendation, direct or indirect. 
 
 Should, however, the Committee decide that they ought 
 to be taken into consideration by the House, it resolves 
 that they ought to be taken into account at the proper 
 time. 
 
 The reports of the Committee are printed in the 
 Appendix to the Journal, so that, at least on Saturdays, House - 
 and in the Senate on Mondays, the House may be in a 
 position to act upon them in the same order in which 
 they have been presented. 
 
 SWITZERLAND. 
 
 All petitions addressed either to the Council of the 
 States or to the National Council are referred for ex- 
 amination to the Committee of Petitions, which is com- 
 posed of five members at least. 
 
 This Committee is nominated each year, at the com- 
 mencement of the ordinary session. 
 
 UNITED STATES OP AMERICA. 
 
 By the rules of the Senate, every petition or memorial Petition 
 shall be signed by the petitioner or memorialist, and have 
 
 2 N 
 
546 PETITIONS. 
 
 United thereon a brief statement of its contents, and shall be 
 
 a brief 'state P resen t e( l an( l referred without debate."* But no petition 
 
 Senta its or memorial, or other papers signed by citizens or 
 
 -subjects of a foreign power shall be received unless the 
 
 same be transmitted to the Senate by the President. 
 
 Petition Every petition or memorial is referred, as a matter 
 
 from foreign 
 
 power. O f course, without putting the question, unless objec- 
 tion be made by a senator, in which case all motions for 
 the reception or reference of such petition or memorial, 
 or other paper, are put in the order in which the same 
 are made, and are not open to amendment, except to add 
 instructions ; but a motion to refer to a Standing Com- 
 mittee takes precedence of a motion to refer to a 
 select committee. 
 
 procedure In the House of Representatives members having 
 
 in the House ... r 
 
 of Repre- petitions or memorials, or bills ot a private nature to 
 
 sentatives. r 
 
 present may deliver them to the clerk, indorsing their 
 names and the reference or disposition to be made 
 thereof; and the said petitions and memorials, except 
 such as in the judgment of the Speaker are of an obscene 
 or insulting character, are entered on the Journal, to- 
 gether with the names of the members presenting them, 
 and the clerk furnishes a transcript thereof to the official 
 reporters of debate for publication in the record. 
 
 Any petition or memorial or private bill excluded 
 under this rule, is returned to the members from whom 
 it was received ; and petitions which have been inap- 
 propriately referred, may, by direction of the committee 
 which has possession of the same, be properly referred 
 in the manner originally presented. When a member 
 desires to have a petition printed, it can only be done by 
 unanimous consent, by a suspension of the rules, or by 
 
 * Adopted March 6th 1888. 
 
PETITIONS. 547 
 
 submitting a resolution to that effect when resolutions United 
 are in order. states. 
 
 By Eule XVIIL, it is provided that no bill, petition,, Petitions, 
 memorial, or resolution referred to a committee or re- * n witting, 
 ported therefrom for printing and recommitment, shall 
 be brought back into the House on a motion to re- 
 consider ; and all bills, petitions, memorials or resolu- 
 tions reported from a committee must be accompanied 
 by reports in writing, which shall be printed. 
 
 2x2 
 
548 APPENDIX. 
 
 APPENDIX. 
 
 CHAPTER I. 
 CONSTITUTION OF PARLIAMENT, 
 
 DENMARK. 
 
 The new Folkething elected on 21st January, 1890, is 
 composed of 23 Ministerialists, compared with 28 in the last 
 House, 57 members of the so-called Compromise party, 17 
 Irreconcilables or Bergians, one member belonging to no par- 
 ticular party, and one from the Faroe Islands whose political 
 views are not known. In the old House the united Opposi- 
 tion numbered 74 deputies. 
 
 In all 91,159 votes were polled by the Right or Ministerial 
 party, 139,854 by the Opposition, and 17,232 by the Socialists. 
 Since the last elections the Right has gained 2,987 and the 
 Opposition 2,195 votes. 
 
 GERMANY. 
 
 The distribution of parties in the new Reichstag is as 
 follows : Conservatives, 72 ; Imperialists, 19 ; National 
 Liberals, 43; Liberalists (Deutsch freisinnige), 67; Popular 
 party, 10 ; Ultramontanes, 107 ; Poles, 16 ; Guelphs, 11 ; 
 Social Democrats, 35 ; Anti-Semites, 5 ; Dane, 1 ; Alsace 
 Lorrainers, 10; and Independent, 1. 
 
APPENDIX. 549 
 
 The Cartel parties thus number 134, against 112 of the Germany. 
 Radical opposition and 107 of the Centre, who are on most 
 questions reinforced by the Poles and Guelphs, thus bringing 
 up their numbers to 134. 
 
 The total poll was 7,031,460 votes. This poll exceeds 
 that of 1881 by 1,933,653, and that of 1884 by 1,368,503 
 votes, but is inferior to that of 1887 when, as one may say, 
 the electors were called to the House by beat of drum by 
 509,478. 
 
 The complete returns only further emphasize the defeat 
 of the Cartel, and bring into stronger relief the progress 
 made by the Freisinnige and Social Democratic parties. 
 
 In the year 1881 the Cartel obtained 1,852,818 votes, or 
 36'4 per cent, of the total votes cast ; in the year 1884 
 2,245,783, or 39'66 per cent.; and in the year 1887, 3,561.568, 
 or 47'2 per cent. This year (1890) the votes given to the 
 Cartel number 2,546,694, or 36'22 per cent. 
 
 In the case of the Centre or Clerical party and their allies 
 the Guelphs, though they too, have lost ground somewhat, 
 the difference is less marked. In the year 1881 this party 
 received 1,269,577 votes, or 24'9 per cent, of the total; in the 
 year 1884, 1,378,394, or 24'34 par cent. ; in the year 1887, 
 1,629,049, or 21*6 per cent. ; whilst this year the numbers 
 have been 1,420,438, or 20'2 per cent. 
 
 The gains made by the Freisinnige, or Radical party, and 
 the Social Democrats this year, are even more striking than 
 is the falling off of the Cartel. In the year 1881 the 
 Freissinige party polled 1,031,988, or 20 8 of the total votes; in 
 the year 1884, 997,004, or 17-6 per cent. ; while in 1887, the 
 year of the Septennate, their numbers sank to l'7o.lOJ;, or 
 12'9 per cent. In the recent elections they polled 1,161,839, 
 or 16'52 per cent. The striking feature, however, in the 
 returns is the enormous strides made by the Social Demo- 
 crats. This party in nine years has increase.! more than 
 fourfold. In 1881 they only polled 311,961 votes, 61 per 
 cent, of the total; in 1884 their numbers hid increased to 
 
550 APPENDIX. 
 
 Germany. 549,990, or 9'7 per cent ; in 1887 they registered 763,128, or 
 10 4 1 per cent. ; while this year their numbers with one bound 
 increased to 1,341,587, or 19'OS per cent., having thus almost 
 doubled their strength within three years, and that in spite 
 of repressive measures of the severest kind. 
 
 The remaining fractions, composed chiefly of such irre- 
 concilables as the Danes, Poles and Reichslanders, have regis- 
 tered this year 566,129 votes, or 8'07 per cent, of the total. 
 Though not such a strong vote as in the year 1881, when 
 these fractions received 586,161, or 11'5 of the total votes, 
 this is a distinct gain on the polls of 1884 and 1887, when 
 they registered 479,098 and 554,836, or 7*3 and 7.4 per cent, 
 respectively. The single grain of comfort for the Govern- 
 ment in this last return is that four Alsatian members favour- 
 able to the German regime have been elected.* 
 
 SPAIN. 
 
 A bill providing for Universal Suffrage was passed by 
 the Congress on the 28th of March, and by the Senate on 
 the 2nd of May. It was voted without any excitement by 
 the ordinary show of hands. So long as the present system 
 of elections in Spain prevails, the new bill can have very 
 little practical importance. f 
 
 PORTUGAL. 
 
 The total number of deputies elected on the 30th March 
 was 157, including 134 from Portugal and Madeira, 10 for 
 the Azores and 13 for the Colonies. The present position of 
 parties in the new Chamber is as follows : Conservatives, 
 
 * See " Guardian," April 16, 1890, the " Times," March 11, 1890, and 
 the " Morning Post," February 27, 1890, 
 
 f See the " Times," 31st March, 1890, p. 6, and 3rd May, 1890, p. 9, 
 
APPENDIX. 551 
 
 114 : Progressists, 30 ; Monarchists of other shades of Portugal. 
 opinion, 10, and Republicans, 3.* 
 
 JAPAN. 
 (PROCLAMATION OF THE JAPANESE CONSTITUTION.) 
 
 The following interesting account of the ceremony is 
 given in the Japan Gazette, February 15, 1889 : 
 
 Prior to the Declaration, His Majesty and those entitled 
 to be present at the ceremony visited the Imperial Chapel. 
 The following was the Imperial oath : 
 
 " We, the successor to the prosperous throne of our pre- 
 " decessors, do humbly and solemnly swear to the .imperial 
 " founder of our house and to our other imperial ancestors 
 li that, in pursuance of a great policy co-extensive with the 
 " heavens and with the earth, We shall maintain and secure 
 " from decline the ancient form of government. 
 
 " In consideration of the progressive tendency of the course 
 " of human affairs and in parallel with the advance of civilisa- 
 ' tion, We deem it expedient, in order to give clearness and 
 ' distinctness to the instructions bequeathed by the imperial 
 " founder of our house and by our other imperial ancestors, 
 " to establish fundamental laws formulated into express pro- 
 " visions of law : so that, on the one hand, our imperial 
 " posterity may possess an express guide for the course they 
 <; are to follow, and that on the other, our subjects shall 
 " thereby be enabled to enjoy a wider range of action in giving 
 <' us their support, and that the observance of our laws shall 
 u continue to the remotest ages of time. We will thereby to 
 " give greater firmness to the stability of our country, and to 
 " promote the welfare of all the people within the boundaries 
 " of our dominions ; and We now establish the imperial 
 
 * See the " Times," 31st March and 2nd April, 1890. 
 
552 APPENDIX. 
 
 Japan. " house law and the constitution. These laws come to only 
 " an exposition of grand precepts for the conduct of the 
 " government, bequeathed by the imperial founder of our 
 " house and by our other imperial ancestors. That We have 
 11 been so fortunate in our reign, in keeping with the tendency 
 " of the times, as to accomplish this work, We owe to the 
 " glorious spirits of the imperial founder of our house and 
 " of our other imperial ancestors. 
 
 " We now reverently make our prayer to them and to our 
 " illustrious father, and implore the help of their sacred 
 " spirits, and make to them solemn oath never at this time 
 " nor in the future to fail to be an example to our subjects in 
 " the observance of the laws hereby established. 
 
 " May the heavenly spirits witness this our solemn oath." 
 At 10.20 Count Kuroda (Prime Minister) and the various 
 Ministers of State, led by the ceremonial officers and the 
 others entitled to be present, took up their respective posi- 
 tions. Then ensued a few moments of expectant waiting, 
 but as the strains of the " Kimigayo " gently broke upon the 
 ear (played by a band in the garden) there was a slight 
 rustle and H.M. the Emperor entered, preceded by the 
 Grand Master of Ceremonies and followed by Mr. Komeda, 
 the Chamberlain (who carried the Privy Seal), and Mr. 
 Nishiyotsutsuji, carrying the imperial sword. The rear was 
 brought up by Chamberlains, Imperial Princes, and the Lord 
 Keeper of the Privy Seal. The Emperor was dressed as a 
 generalissimo, and wore the Daiguslio decoration of the 
 Order of the Rising Sun. Mr. Komeda stood to the 
 Emperor's right, and his vis-a-vis was the sword-bearer. The 
 Imperial Princes occupied a position by the side of the 
 throne, and to the left was the Imperial body guard. The 
 Empress entered with her ladies-in-waiting a few seconds 
 later than the Emperor. They were attired in rich and 
 chaste Court robes of delicate colour. The sounds of music 
 euddenly died away, and during impressive silence the 
 Emperor rose from his throne and proceeded to read the 
 
APPENDIX. 553 
 
 Imperial Decree, the official translation of which is as Japan. 
 follows : 
 
 " Whereas. We make it the joy and glory of our heart to 
 " behold the prosperity of our country and the welfare of 
 " our subjects, "We do hereby, in virtue of the supreme power 
 " We inherit from our Imperial ancestors, promulgate the 
 " present immutable fundamental law. for the sake of our 
 " present subjects and their descendants. 
 
 ' The Imperial Founder of our house and our other 
 " Imperial ancestors, by the help and support of the fore- 
 " fathers of our subjects, laid the foundation of our empire 
 li upon a basis which is to last for ever. That this brilliant 
 " achievement embellishes the annals of our country, is due 
 " to the glorious virtues of our sacred Imperial ancestors, 
 ' ; and to the loyalty and bravery of our subjects, their love 
 wf of their country, and their public spirit. Considering that 
 " our subjects are the descendants of the loyal and good 
 " subjects of our Imperial ancestors, we doubt not but that 
 " our subjects will be guided by our views, and will sympa- 
 " thise with all our endeavours, and that, harmoniously 
 " co-operating together, they will share with us our hope of 
 " making manifest the glory of our country both at home 
 and abroad, and of securing for ever the stability of the 
 " work bequeathed to us by our Imperial ancestors." 
 
 He was very calm, and in a voice audible all over the 
 room, and which penetrated to the passage where some of the 
 spectators were gathered, he read the memorable words. The 
 reading concluded, the Privy Seal Keeper proceeded to the 
 front of the Emperor carrying the box which contained the 
 Constitution. He took out the scroll and handed it to His 
 Majesty. After the Emperor had accepted the scroll, Prince 
 Sanjo retired and the Prime Minister, Count Kuroda, stepped 
 to the front, saluted, and accepted the Constitution from His 
 Majesty. All present then bowed, the Emperor bowed in 
 response, and as the air ' Kimigayo " was once more heard, 
 the Emperor again curtsied and retired, followed by the 
 
554 APPENDIX. 
 
 Empress and their immediate attendants. Then the salute 
 of 101 guns was tired at the Imperial Household Department. 
 And in this way, v/ith solemn brevity, was granted to the 
 people a Parliament, and so concluded a scene the like of 
 which has not been known in Japan before. 
 
 The following is the official translation of the Constitu- 
 tion : 
 
 " Having by virtue of the glories of our ancestors, 
 
 ascended the throne of a lineal succession unbroken for ages 
 
 eternal ; desiring to promote the welfare of, and to give 
 
 development to, the moral and intellectual faculties of our 
 
 " beloved subjects, the very same that had been favoured with 
 
 " the benevolent care and affectionate vigilance of our 
 
 " ancestors ; and hoping to maintain the prosperity of the 
 
 " State, in concert with our people and with their support, 
 
 "We hereby promulgate, in pursuance of our Imperial 
 
 " Rescript of the 14th day of the 10th month of the 14th 
 
 " year of Meiji, a fundamental law of State, to exhibit the 
 
 " principles by which We are to be guided in our conduct, 
 
 " and to point out to what our descendants and our subjects 
 
 " and their descendants are for ever to conform. 
 
 " The rights of sovereignty of the State We have inherited 
 " from our ancestors, and We shall bequeath them to our 
 " descendants. Neither We nor they shall in future fail to 
 " wield them, in accordance with the provisions of the Consti- 
 " tution hereby granted. 
 
 " We now declare to respect and protect the security of 
 " the rights and of the property of our people, and to secure 
 " to them the complete enjoyment of the same, within the 
 f ' extent of the provisions of the present Constitution and of 
 " the law. 
 
 " This Imperial Diet shall first be convoked for the 23rd 
 " year of Meiji, and the time of its opening shall be the date 
 " when the present Constitution comes into force. 
 
 " When in the future it may become necessary to amend 
 " any of the provisions of the present Constitution, We or our 
 
APPENDIX. 555 
 
 " snccessors shall assume the initiative right, and submit a Japan. 
 " project for the same to the Imperial Diet. The Imperial 
 ' Diet shall pass its vote upon it, according to the conditions 
 " imposed by the present Constitution, and in no otherwise 
 " shall our descendants or our subjects be permitted to 
 ' ; attempt any alteration thereof. 
 
 " Our Ministers of State, on our behalf, shall be held 
 
 " responsible for the carrying out of the present Constitu- 
 
 " tion, and our present and future subjects shall for ever 
 
 " assume the duty of allegiance to the present Constitution. 
 
 " [His Imperial Majesty's Sign-Manual.] 
 
 " [Privy Seal.] 
 
 " The llth day of the 2nd month of the 22nd year of Meiji, 
 " [Countersigned by Ministers.]" 
 
 CHAPTER I. THE EMPEROR. 
 
 Article 1. The Empire of Japan shall be reigned over Empire of 
 
 Japan. 
 
 and governed by a line of Emperors unbroken for ages 
 eternal. 
 
 Article 2. The Imperial throne shall be succeeded to by 
 Imperial male descendants, according to the provisions of the 
 Imperial House Law. 
 
 Article 3. The Emperor is sacred and inviolable. The 
 
 Article 4. The Emperor is the head of the Empire, 
 combining in himself the rights of sovereignty, and exercises 
 them according to the provisions of the present Constitution. 
 
 Article 5. The Emperor exercises the legislative power 
 with the consent of the Imperial Diet. 
 
 Article 6. The Emperor gives sanction to laws, and 
 orders them to be promulgated and executed. 
 
 Article 7. The Emperor convokes the Imperial Diet, convokes, 
 opens and prorogues it, and dissolves the House of Repre- imperial 
 
 , Diet. 
 
 sentatives. 
 
 Article 8. The Emperor, in consequence of an urgent Provisional 
 
 legislation. 
 
 necessity to maintain public safety or to avert public calami- 
 ties, issues, when the Imperial Diet is not sitting, Imperial 
 
556 APPENDIX. 
 
 Ordinances in the place of law. Such Imperial Ordinances 
 are to be laid before the Imperial Diet at its next session, and 
 when the Diet does not approve the said Ordinances, the 
 Government shall declare them to be invalid for the future. 
 
 Article 9. The Emperor issues, or causes to be issued, 
 the 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. 
 
 Article 10. The Emperor determines the organisation 
 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 accord- 
 ance with the respective provisions (bearing thereon). 
 
 Article 11. The Emperor has the supreme command of 
 the army and navy. 
 
 Article 12. The Emperor determines the organisation 
 and peace standing of the army and navy. 
 
 Article 13. The Emperor declares war, makes peace, 
 and concludes treaties. 
 
 Article 14. The Emperor proclaims the law of siege. 
 
 The conditions and effects of the law of siege shall be 
 determined by law. 
 
 Article 15. The Emperor confers titles of nobility, rank, 
 orders, and other marks of honour. 
 
 Article 16. The Emperor orders amnesty, pardon, com- 
 mutation of punishments, and rehabilitation. 
 
 Article 17. A Regency shall be instituted in conformity 
 with the provisions of the Imperial House Law. 
 
 The Regent shall exercise the powers appertaining to the 
 Emperor in his name. 
 
 CHAPTER II. RIGHTS AND DUTIES OF SUBJECTS. 
 
 Article 18. The conditions necessary 
 subjects. Japanese subject shall be determined by law. 
 
 Rights, &c., Article 18. The conditions necessary for being- a 
 
 of Japanese J 
 
APPENDIX. 557 
 
 Article 19. Japanese subjects may, according to japan, 
 qualifications determined in laws or ordinances, be appointed 
 to civil or military offices equally, and may fill any other 
 public office. 
 
 Article 20. Japanese subjects are amenable to service Liable to 
 
 . , _ . service in 
 
 in the army or navy, according to the provisions of law. the army. 
 
 Article 21. Japanese subjects are amenable to the For taxes, 
 duty of paying taxes, according to the provisions of law. 
 
 Article 22. Japanese subjects shall have the liberty Libert? of 
 of abode and of changing the same within the limits of law. d 
 
 Article 23. No Japanese subject shall be arrested, Right of 
 detained, tried, or punished, unless according to law. 
 
 Article 24. No Japanese subject shall be deprived 
 of his right of being tried by the judges determined by law. 
 
 25. Except in the cases provided for in the law, the Liberty from 
 house of no Japanese subject shall be entered or searched 
 without his consent. 
 
 Article 26. Except in the cases mentioned in the law, Secrecy of 
 the secrecy of the letters of every Japanese subject shall guaranteed, 
 remain inviolate. 
 
 Article 27. The right of property of every Japanese Right* of 
 
 , . . . 7 . , property 
 
 subject shall remain inviolate. guaranteed. 
 
 Measures necessary to be taken for the public benefit 
 shall be provided for by law. 
 
 Article 28. Japanese subjects shall, within limits Freedom of 
 
 religious 
 
 not prejudicial to peace and order, and not antagonistic belief, 
 to their duties as subjects, enjoy freedom of religious 
 belief. 
 
 Article 29. Japanese subjects shall within the limits Liberty of 
 
 speech, fec. 
 
 of law, enjoy the liberty of speech, writing, publication, 
 public meeting, and association. 
 
 Article 30, Japanese subjects may present petitions, Eight to 
 by observing the proper forms of respect, and by complying 
 with the rules specially provided for the same. 
 
 Article 31. The provisions contained in the present uigiits of 
 
 Emperor 
 
 chapter shall not affect the exercise of the powers appertaining reserved. 
 
558 APPENDIX. 
 
 Japan. to the Emperor in times of war, or in cases of a national 
 
 emergency. 
 
 Applicable to Article 32. Each and every one of the provisions 
 and navy. contained in the preceding Articles of the present chapter, 
 that are not in conflict with the laws or the rules and disci- 
 pline of the army and navy, shall apply to the officers and 
 men of the army and of the navy. 
 
 CHAPTER III. THE IMPERIAL DIET. 
 
 Composition Article 33. The Imperial Diet shall consist of two 
 of impen Houses, a House of Peers and a House of Representatives. 
 
 Article 34. The House of Peers shall, in accordance 
 with the Ordinance concerning the House of Peers, be com- 
 posed of the members of the Imperial Family, of the orders 
 of nobility, and of those persons who have been nominated 
 thereto by the Emperor. 
 
 Article 35. The House of Representatives shall be com- 
 posed of members elected by the people, according to the 
 provisions of the Law of Election. 
 
 Article 36. No one can at one and the same time be a 
 member of both Houses. 
 
 Article 37. Every law requires the consent of the 
 Imperial Diet. 
 
 Right of Article 38. Both Houses shall vote upon projects of law 
 
 submitted to them by the Government, and may respectively 
 initiate projects of law. 
 
 Article 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. 
 
 Article 40. Both Houses can make respresentations to 
 the Government as to laws or upon any other subject. 
 When, however, such representations are not accepted, they 
 cannot be made a second time during the same session. 
 
 Article 41. The Imperial Diet shall be convoked every 
 year. 
 Length of Article 42. A session of the Imperial Diet shall last 
 
APPENDIX. 
 
 during three months. In case of necessity, the duration of a Japan, 
 session may be prolonged by Imperial Order. 
 
 Article 43. When urgent necessity arises, an extra- Extraordi- 
 nary session, 
 ordinary session may be convoked, in addition to the 
 
 ordinary one. 
 
 The duration of an extraordinary session shall be deter- 
 mined by Imperial Order. 
 
 Article 44. The opening, closing, prolongation of session 
 and prorogation of the 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 pro- 
 rogued. 
 
 Article 45. When the House of Representatives has Dissolution 
 been ordered to dissolve, members shall be caused by Represents- 
 
 J lives. 
 
 Imperial Order to be newly elected, and the new House 
 shall be convoked within five months from the day of 
 dissolution. 
 
 Article 46. No debate can be opened and no vote can be Quomm. 
 taken in either House of the Imperial Diet, unless one-third 
 of the whole number of the members thereof is present. 
 
 Article 47. Votes shall be taken in both Houses by vote, how 
 absolute majority. In the case of a tie vote, the President 
 shall have the casting vote. 
 
 Article 48. The deliberations of both Houses shall be Deiibera- 
 
 tions to bo 
 
 held in public. The deliberations may, however, upon public, 
 demand of the Government or by resolution of the House, 
 be held in secret sitting. 
 
 Article 49. Both Houses of the Imperial Diet may re- Ri^htof 
 spectively present addresses to the Emperor. 
 
 Article 50. Both Houses may receive petitions presented Petitions, 
 by subjects. 
 
 Article 51. Both Houses may enact, besides what is pro- Power to 
 Tided for in the present Constitution and in the law of the 
 House, rules necessary for the management of their internal 
 affairs. 
 
560 APPENDIX. 
 
 Japan. Article 52. No member of either House shall be held 
 
 Seech. m f responsible, outside the respective Houses, for any opinion 
 uttered or for any vote given in the House. When, how- 
 ever, a member himself has given publicity to his opinions 
 by public speech, by document in print or in writing, or by 
 any other similar means, he shall, in the matter, be amenable 
 to the general law. 
 
 Freedom Article 53. The members of both Houses shall, 
 
 during the session, be free from arrest, unless with the 
 consent of the House, except in cases of flagrant delicts, 
 or of offences connected with a state of internal commotion, 
 or with a foreign trouble. 
 
 Ministers of Article 54. The Ministers of State and the Delegates 
 of the Government may, at any time, take seats and speak 
 in either House. 
 
 CHAPTER IV. THE MINISTERS OF STATE AND 
 THE PRIVY COUNCIL. 
 
 Article 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 the State, 
 require the counter signature of a Minister of State. 
 Privy Article 56. The Privy Council shall, in accordance 
 
 with the provisions for the organisation of the Privy Council, 
 deliberate upon important matters of State, when they have 
 been consulted by the Emperor. 
 
 CHAPTER V. THE JUDICATURE. 
 
 Article 57. The Judicature shall be exercised by the 
 Courts of Law, according to law, in the name of the 
 Emperor. 
 
 The organisation of the Courts of Law shall be deter- 
 mined by law. 
 
 Article 58. The judges shall be appointed from among 
 those who possess qualifications according to law. 
 
APPENDIX. 561 
 
 No judge shall be deprived of his position unless by way japan, 
 of criminal sentence or disciplinary punishment. 
 
 Article 59. Trials and judgments of a Court shall be 
 conducted publicly. When, however, there exists any fear 
 that such publicity may 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 of Law. 
 
 Article 60. All matters that fall within the competency 
 of a special Court shall be specially provided for by law. 
 
 Article 61. Xo suit at law, which relates to rights 
 alleged to have been infringed by the illegal measures of 
 the executive authorities, and which shall come within the 
 competency of the Court of Administrative Litigation 
 specially established by law, shall be taken cognisance of 
 by a Court of Law. 
 
 CHAPTER VI. FINANCE. 
 
 Article 62. The imposition of a new tax or the modi- 
 fication 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 
 liabilities to the charge of the National Treasury, except 
 those that are provided in the budget, shall require the con- 
 sent of the Imperial Diet. 
 
 Article 63. The taxes levied at present shall, in so far 
 as they are not remodelled by new law, be collected ac- 
 cording to the old system. 
 
 Article 64. The expenditure and revenue of the State The budget, 
 require the consent of the Imperial Diet by means of an 
 annual budget. 
 
 Any and all expenditures overpassing the appropriations 
 set forth in the titles and paragraphs of the budget, or that 
 
 2 o 
 
562 
 
 APPENDIX. 
 
 Japan. 
 
 To be laid 
 first before 
 Lower 
 House. 
 Expendi- 
 tures of 
 Imperial 
 House shall 
 not requiie 
 consent of 
 Diet. 
 
 Reserve 
 
 fund. 
 
 Imperial 
 ordinances. 
 
 are not provided for in the budget, shall subsequently require 
 the approbation of the Imperial Diet. 
 
 Article 65. The budget shall be first laid before the 
 House of Representatives. 
 
 Article 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. 
 
 Article 67. Those already fixed expenditures, based by 
 the Constitution upon the powers appertaining to the 
 Emperor, which are such expenditures as may have arisen 
 by the effect of law, or that appertain to the legal obligations 
 of the Government, shall be neither rejected nor reduced 
 by the Imperial Diet, without the concurrence of the 
 Government. 
 
 Article 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. 
 
 Article 69. In order to supply deficiencies, which are 
 unavoidable, in the budget, and to meet requirements un- 
 provided for in the same, a reserve fund shall be provided in 
 the budget. 
 
 Article 70. When the Imperial Diet cannot 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 take 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 approbation shall be obtained thereto. 
 
 Article 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. 
 
APPENDIX. 563 
 
 Article 72. The final account of the expenditure and Japan, 
 revenue of the State shall be verified and confirmed by the J^ 1 }. * 
 Board of Audit, and it shall be submitted by the Govern- 
 ment to the Imperial Diet, together with the report of 
 verification of the said board. 
 
 The organisation and competency of the Board of Audit 
 shall be determined by law separately. 
 
 CHAPTER YIL SUPPLEMENTARY RULES. 
 
 Article 73. When it has become necessary in future to Amendment 
 
 of Coustitu- 
 
 amend the provisions of the present Constitution, a project tion - 
 to that effect shall be submitted to the Imperial Diet by 
 Imperial Order. 
 
 In the above case neither House can open the debate un- Quorum. 
 less at least two-thirds of the whole number of members are 
 present, and no amendment can be passed, unless a majority 
 of at least two-thirds of the members present isobtained. 
 
 Article 74. No modification of the Imperial House Law Exception as 
 shall be required to be submitted to the deliberation of the House P ia>?. 
 Imperial Diet. 
 
 No provision of the present Constitution can be modified 
 by the Imperial House Law. 
 
 Article 75. No modification can be introduced into the constitution 
 Constitution, or into the Imperial House Law, during the amended 
 
 , . f during a 
 
 time or a regency. Regency. 
 
 Article 76. Existing legal enactments, such as Jaws, Existing 
 regulations, ordinances, or by whatever names tliey may be Jn?nts 6naC " 
 called, shall, so far as they do not conflict with the present fo"ce? Ue 
 Constitution, continue in force. 
 
 All existing contracts or orders that entail obligations 
 upon the Government, and that are connected with expendi- 
 ture, shall come within the scope of Art. 67. 
 
 IMPERIAL ORDINANCE CONCERNING THE HOUSE 
 
 OF PEERS. 
 Article 1 . The House of Peers shall be composed of the composition 
 
 of the House 
 
 following members : of Peers. 
 
 2 o 2 
 
564 
 
 APPENDIX. 
 
 Japan. 
 
 Hereditary 
 members. 
 
 Elective 
 members. 
 
 Life 
 members. 
 
 Mutually 
 
 elected 
 
 members. 
 
 1. The members of the Imperial Family. 
 
 2. Princes and Marquises. 
 
 3. Counts, Viscounts and Barons, who have been elected 
 
 thereto by the members of their respective orders. 
 
 4. Persons who have been elected, one member for each 
 
 Fu (City) and Ken (Prefecture), by and from 
 among the taxpayers of the highest amount of 
 direct national taxes on land, industry or trade 
 therein, and who have afterwards been nominated 
 thereto by the Emperor.* 
 
 Article 2. The male members of the Imperial Family 
 shall have seats in the House 011 reaching their majority. 
 
 Article 3. The members of the orders of Princes and of 
 Marquises shall become members on reaching the age of full 
 25 years. 
 
 Article 4. The members of the orders of Counts, Vis- 
 counts and Barons, who after reaching the age of full 
 25 years have been elected by the members of their re- 
 spective orders, shall become members for a term of seven 
 years. Rules for their election shall be specially determined 
 by Imperial Ordinance. 
 
 The number of members mentioned in the preceding 
 clause shall not exceed one-fifth of the entire number of the 
 respective orders of Counts, Viscounts and Barons. 
 
 Article 5. Any man of above the age of full 30 years 
 who has been nominated member by the Emperor for 
 meritorious services to the State or for erudition, shall be a 
 life member. 
 
 Article 0. One member shall be elected in each Fu and 
 Ken from among and by the fifteen male inhabitants thereof 
 of above the age of full 30 years, paying therein the 
 highest amount of direct national taxes on land, industry, or 
 trade. When the person thus elected receives his nomination 
 
 * The number of the House of Peers, as at present arranged, will 
 be 252. 
 
APPENDIX. 565 
 
 from the Emperor, he shall become a member for a term of Japan. 
 seven years. Rules for such election shall be specially deter- 
 mined by Imperial Ordinance. 
 
 Article 7. The number of members that have been Limitation. 
 nominated by the Emperor, for meritorious services to the 
 State, or for erudition, or from among men paying the 
 highest amount of direct national taxes on land, industry, or 
 trade in each Fu or Ken, shall not exceed the number of the 
 members having the title of nobility. 
 
 Article 8. The House of Peers shall, when consulted by 
 the Emperor, pass a vote upon rules concerning the privileges 
 of the nobility. 
 
 Article 9. The House of Peers decides upon the qualifica- Decisions u 
 tion of its members and upon disputes concerning elections tion. 
 thereto. The rules for these decisions shall be resolved upon 
 by the House of Peers and submitted to the Emperor for his 
 sanction. 
 
 Article 10. When a member has been sentenced to con- Expulsion. 
 finement, or to any severer punishment, or has been declared 
 bankrupt, he shall be expelled by Imperial Order. 
 
 With respect to the expulsion of a member, as a dis- 
 ciplinary punishment in the House of Peers, the President 
 shall report the facts to the Emperor for his decision. 
 
 Any member who has been expelled shall be incapable of 
 again becoming a member unless permission so to do has been 
 granted by the Emperor. 
 
 Article 11. The President and Vice-President shall be Nomination 
 nominated by the Emperor, from among the members, for a 
 
 . President. 
 
 term of seven years. 
 
 If an elected member is nominated President or Vice- 
 President, he shall serve in that capacity for the term of his 
 membership. 
 
 Article 12. Every matter, other than what provision has 
 been made for in the present Imperial Ordinance, shall be 
 dealt with according to the provisions of the law of the 
 Houses. 
 
566 APPENDIX. 
 
 Japan Article 13. When in the future any amendment or 
 
 addition is to be made in the provisions of the present 
 Imperial Ordinance, the matter shall be submitted to the 
 vote of the House of Peers. 
 
 CHAPTER VI. ORDER OF BUSINESS. 
 
 UNITED STATES. 
 
 Under the new rules absolute power is given to the Speaker 
 to refuse to entertain any motion whatever if he chooses to 
 consider it dilatory, although the motion itself may be clearly 
 in order and expressly authorised by the very rules under 
 which he is acting. For instance, when a motion is under 
 debate, the following motions are expressly provided for : to 
 adjourn, to lay on the table, for the previous question, to 
 postpone to a day certain, to refer, to amend, and to postpone 
 indefinitely. These motions are always in order when any 
 matter of legislation is under consideration, and yet by the 
 new clause inserted, it is understood, at the instance of the 
 Speaker himself he is authorised to refuse to entertain all 
 or anyone of them upon the ground that in his opinion it is 
 made for the purpose of delay ; and there is no appeal to 
 the House from his decision unless he may see proper 
 to permit it, because he can hold that the appeal itself is a 
 dilatory proceeding. One of the rules which has existed 
 ever since Congress was organised provides that the Speaker 
 shall " decide all questions of order, subject to an appeal 
 by any member " ; but that officer is now clothed with the 
 power to deny this ancient right of appeal, and make his own 
 will the law of the House. That the House distinctly under- 
 stood what it was doing is clearly shown by the fact that, 
 durirg the consideration of the new rules, it rejected a 
 proposed amendment that " the Speaker shall not, in any 
 "case, refuse to entertain an appeal for his decision." This 
 amendment was rejected by a strict party vote, every 
 
APPENDIX. 567 
 
 Democrat present voting for it, and every Republican United 
 present voting against it. 
 
 The new rule also, as will be seen in the body of the 
 work, contains a clause authorising the Speaker to direct 
 the clerk to note the names of members who are present and 
 not voting, sufficient to make a quorum, and record them in 
 the Journal, to be counted and announced in determining the 
 result. Not only is the power of the Speaker increased by 
 the changes in the rules already referred to, but in many 
 other ways the control of business is taken from the House 
 and placed in his hands. Heretofore all public bills have 
 been introduced in open session, and referred to their appro- 
 priate committees, their titles having been first read in order 
 that every member might know to what subjects they related. 
 The Speaker usually directed the reference, but always in 
 the presence of the House, and if any member doubted the 
 propriety of an order of reference indicated by him, such 
 member had the right to move to refer the bill to some other 
 committee and have it read in full, so that a vote could be 
 intelligently taken on his motion. All reports from com- 
 mittees were likewise made in open session, and the titles of 
 the bills read, and members had the same right to move to 
 refer them to either of the calendars, and thus have the 
 House decide where they should go for consideration. Under 
 the new rules, bills must be handed to the Speaker to be by 
 him referred to committees, and reports from committees are 
 to be delivered to the clerk and referred to the calendars by 
 him under the direction of the Speaker. Public bills and 
 official communications from the heads of departments 
 may be delivered to the Speaker, and reports of com- 
 mittees may be delivered to the clerk, at their 
 private rooms or on the street, whether the House is in 
 session or not ; but even if they are delivered in the hall 
 while the House is sitting, no member can know what bills 
 have been introduced, or what reports have been made, or 
 how they have been referred, until he hears the Journal read 
 
568 APPENDIX. 
 
 United or sees the Official Record on some future day. Under the 
 old rules any member could correct the erroneous reference 
 of a bill, but under the new system, if the Speaker, by 
 mistake or design, sends a bill to the wrong committee, the 
 correction cannot be made except by unanimous consent, or 
 on the motion of a committee claiming jurisdiction, or on 
 the report of the committee to which it was erroneously 
 referred.* 
 
 In an article on " Reforms needed in the House," in the 
 May number of the " Review," Mr. Speaker Reed answers 
 some of Mr. Carlisle's objections. " Before the new rules were 
 " adopted, the presentation of bills was, in actual practice, 
 " one of the very worst specimens of our legislative work. 
 "Amid a confusion which could not be controlled for 
 " nobody cared anything about other people's bills the 
 " title was read by the clerk, the Speaker caught what 
 " he could of it, while members claimed his attention on 
 " both sides of the chair, and with the aid of the clerks 
 " disposed of it as well as he could. Naturally there were 
 " many mis-references, though they were seldom heard of, 
 "because there was no chance of correction. At present the 
 " bills are handed in, not 011 the streets and after hours, as 
 " Mr. Carlisle has been mis-informed, but during the session, 
 " and then are referred with deliberation and accuracy. All 
 " important errors are easily corrected, because the 
 " committee that ought to have a bill can demand it, 
 " and one that ought not to have it can send it, if the House 
 " approves, where it belongs. So also with reference to the 
 " calendars of reports of committee. Under the new rules the 
 " bills are all handed to the clerk and by him placed on appro- 
 " priate calendars. Formerly a half -hour or an hour a day 
 " was taken out of the public time and out of the public 
 
 * " The Limitations of the Speakership," by J. GK Carlisle. 
 North American Review, March, 1890. 
 
APPENDIX. 569 
 
 " business to do this simple clerical work in the presence and United 
 " hearing of members. The only mistake which can be made 9 ' 
 "is as to bills carrying money, and if they get on the wrong 
 " calendar, any member, by a point of order, can put them 
 '' where they belong. 
 
 " The system has been in operation for over two months, 
 " and has saved from three to five hours a week, and four 
 " hours are very near a working day." 
 
 With respect to the power given to the Speaker to stop 
 dilatory motions, Mr. Speaker Reed calls attention to the fact 
 that the constitution puts it in the power of one-fifth to order 
 a vote by yeas and nays. A roll call of three hundred and 
 thirty members takes, one time with another, a full half- 
 hour Eight roll calls will utterly ruin a day. Hence any 
 plan which makes roll calls inevitable is a sure plan for 
 obstruction. 
 
 2 o 3 
 
570 INDEX. 
 
 INDEX. 
 
 Absence, leave of see Members. 
 
 Act of Union (Nor.) 158. 
 
 Address to Sovereign (Jap.) 455, 559. 
 
 Adjournment of Chambers (Belg.) 25, (Fr.) 438, (For.) 469, (It.) 446, 
 
 (U.S.A.) House of Reps. 399 ; States Legislatures, 205 of bill to 
 
 ratify treaty (Fr.) 303 priority of motion for over cloture (Fr.) 
 
 304 of debate, but not of House (Fr.) 304, 425; (Aus.-Hun.) 404. 
 
 Alsace-Lorraine 57,550. 
 
 Amendments generally (Aus.-Hun.) 293, (Hun.) 296, (Belg.) 298, (Den.) 
 301, (Fr.) 305, (Ger.) 309, (Gr.) 311, (It.) 316, 451 ; (Jap.) 329, (Neth.) 
 322, 376 ; (Sp.) 331, (Swed.) 332, (Switz.) 338, (U.S.A.) Senate, 399 ; 
 House of Rep., 341, 398 ; and see Committee. 
 
 Antrdge (Aus.-Hun.) 291. 
 
 Appel nominal (Belg.) 421, 503 ; (Neth.) 515, (Switz.) 167, (It.) 513, 
 (For.) 516), (Sp.) 519, (Switz.) 525. 
 
 Arrest, freedom from see Members. 
 
 Assent to bills (Aus.-Hun.) 294, (Hun.) 296, (Belg.) 300, (Den.) 302, (It.) 
 
 318, (Jap.) 319, (Neth.) 325, (For.) 329, (Sp.) 330, (Swed.) 333, (Nor.) 
 337, (U.S.A.) 343. 
 
 Austria constitution, 5. 
 Austria-Hungary constitution, 1. 
 
 Ballot (Aus.) 21, (Belg.) 33, (Fr.) 51, (Neth.) 108, (Sp.) 133, (Nor.) 163, 
 
 (U.S.A.) 190 no ballot (Swed.), 147 -public and secret (Fr.), 
 
 506-7 ; (It.) 513. 
 
 Ballotaje (Ger.) 63, (Fr.) 55, (It.) 83, (Neth.) 108, (Sp.) 133, (Nor.) 
 164, (Switz.), 175. 
 
 Belgium constitution, 25. 
 
 Sills, initiative, in Lower House (Hun.) 296, (Neth.) 321, (For.) 327, 
 
 (Sp.) 330, (Nor.) 336 introduction of (Aus.-Hun.) 291, (Hun.) 295, 
 
 (Belg.) 297, (Den.) 300, (Fr.) 304, (Ger.) 308, (Gr.) 311, (It.) 312, (Jap.) 
 
 319, (Neth.) 321, 376; (For.) 326, (Sp.) 330, (Swed.) 331, (Nor.) 334, 
 (Switz.) 337, (U.S.A.) Senate, 338; Lower House, 340 ; States Legis- 
 latures, 344 transmission of (Den.) 302, (Fr.) 306, (Belg.) 318, (For.) 
 
 328, (Switz.) 337, (U.S.A.) 341 reintroduction of, in next session, 
 
 after partial discussion (Belg.) 299, (Den.) 303, (Fr.) 308, (Gr.) 312, 
 (Neth.) 325, (For.) 329, (Sp.) 331, (Swed.) 334, (Nor.) 335, and generally, 
 
 see Preface, p.ix. Government bills; reference of to sections (Hun.) 
 
 295, 355; (Belg.) 297, (Fr.) 303, (It.) 313, (For.) 327 introduced 
 
 in either house (Aus.-Hun.) 291, (Jap.) 320 except money bills 
 
 (Aus.-Hun.) 291, (Fr.) 303, (For.) 329, (Sp.) 330 precedence of 
 
 (Aus.-Hun.) 291, (Ger.) 309, (Swed.) 334 not rejected without 
 
 debate (Hun.) 355 Private bills (Neth.) 325, (U.S.A.) Senate 339, 
 
INDfiX. 571 
 
 House of Reps., 343 ; and see "Preface, p. ix. reference to Committee, 
 
 see Committee rejected bills (Aus.-Hun.) 295, (Fr.) 307, (It.) 318, 
 
 (Jap.) 320 engrossment of (U.S.A.) 340 returned bills (U.S.A.) 
 
 341 codifying bills (Sp.) 331 final vote on, see Vote, final 
 
 period when bills become law (U.S.A.), States Legislatures, 347 
 
 withdrawal of (Xeth.) 322, (Xor.) 335 -alternative procedure as to 
 
 bills in Italv, preface, p. vii. and see readings, money bills. 
 
 Bribery see Corrupt Practices. 
 
 Budget may be passed on one reading (Fr.) 306 generally (Aus.-Hun.) 
 
 4, (Aus.) 350, (Ger.) 310, (Jap.) 453, (Xeth.) 322, 375 ; (Fr.) 363, (Gr.) 
 368. 
 
 Bureau or sections, constitution of (Aus.) 350, (Fr.) 317, 363 ; (It.) 316, 
 369; (Belg.) 359, (Xeth.) 372-4, (Ger.) 222, (Jap.) 229, (For.) 232, 
 (Sp.) 238. 
 
 Bureau, permanent (Aus.-Hun.) 209, (Gr.) 269, (Sp.) 239, 279; (It.) 269, 
 (For.) 232, (Switz.) 247, 284. 
 
 Bureau, definitive (Belg.) 215, (Fr.) 220, 265. 
 
 Bye-Elections (Jap.) 92, (Xeth.) 107, (For.) 119, (Sp.) 135, (Switz.) 
 175. 
 
 Cabinet (U.S.A.) 184. 
 
 Calendars (U.S.A.) 490. 
 
 Calls to order see Order. 
 
 Calls to question see Question. 
 
 Call of House (Belg.) 417, (U.S.A.) 494, 495 and see Appel nominal. 
 
 Candidates see Members, qualification. 
 
 Canvassing, expenses of (Aus.-Hun.) 14. 
 
 Carlisle, Speaker, ruling of as to private bills (U.S.A.) 344 opinions of, 
 
 on obstruction, 5 to 8. 
 Cartel-party in Germany, 61, 549. 
 
 Casting-vot-i (Switz.) 525, (U.S.A.) 187, (Hun.) 258, (Aus.) 352. 
 Censure (Run ) 415, (Fr.) 435-7, (U.S.A.) 492, (Jap.) 459. 
 Central Committee or section See Committee and see. preface, pp. ix., x. 
 
 Chairman of Committee, appointment of (Aus.-Hun.) 348, (Aus.) 350, 
 (Hun.) 353, (Jap.) 372, (Xeth.) 373, Swed. 381, (Xor.) 335, (Switz) 387, 
 (U.S.A.) 390. 
 
 Chambers, shape and size of see Houses of Parliament. 
 
 Chamber of Deputies see Houses of Parliament, Lower House (Fr.), (It.), 
 
 (For.) 
 
 Chamber of Peers see Houses of Parliament, Upper House. 
 Chaplain (U.S.A.) 290. 
 Chief Clerk of Rigsdag (Den.) 262. 
 
 Cl-erk of the House (U.S.A.) 288 of the Senate (U.S.A.) 290. 
 
 Closure or cldtnre procedure (Aus.-Hun.) 401, (Aus.) 403, (Bel?.) 423, 
 
 (Den.) 422, (Fr.) 424, (Ger.) 440, (It.) 4-31, (Xeth.) 431, (For.) 433, 
 
 (Sp.) 474, (Switz.) 484, (U.S.A.) 495 not in force (Hun.) J416, 
 
 l Xor.) 481. 
 Code see Constitution. 
 
572 INDEX. 
 
 College, electoral (It.) 76, (For.) 121. 
 
 Columbia, district of (U.S.A.) 489. 
 
 Committee, general procedure (Aus.-Hun.) 292, 318 ; (Aus.) 350, (Hun.) 
 295, 353; (Belg.) 298, 361; (Den.) 300, 362; (Fr.) 304, 363; (Ger.) 308, 
 (Gr.) 311, 368; (It.) 315, (Jap.) 319, 371; (Neth.) 322, (For.) 326, 377; 
 (Sp.) 331, (Swed.) 332, 380; (Nor.) 334, 381; (Switz.) 387, (U.S.A.) 
 Senate, 339, 387; Bepresentatives, 340, 388; States Legislatures, 315, 400 
 
 unfinished business before (U.S.A.) 497 standing or permanent 
 
 (Aus.-Hun.) 318, (Aus.) 352, (Hun.) 295, 354; (Ger.) 366, (Jap.) 371, 
 (Neth.) 373, (Swed.) 332, 380,476; (Sp.) 378, (For.) 376, (Nor.) 336, 
 381; (Belg.) 360, (Den.) 361, (It.) 370, (U.S.A.) 388; States Legisla- 
 tures, 400 of whole House (Aus.) 350, 352 ; (Jap.) 371, (U.S.A.) 339, 
 
 396, 489 joint committee, see Houses of Parliament special committee 
 
 (Jap.) 371, (For.) 378, (Sp.) 378, (Swed.) 380, 477 ; (Nor.) 383 to 
 
 consider treaty (Fr.) 303 of selection (Nor.) 384-6 of prepara- 
 tion (Neth.) 375 select (U.S.A.) 389 on petitions (Belg.) 360, 
 
 and see chapter viii. 
 
 Conference see Houses of Parliament. 
 
 Congress see Houses of Parliament (U.S.A.). 
 
 Congress of Deputies (Sp.) see Houses of Parliament, Lower House. 
 
 Conseil des Etats (Switz.) 167. 
 
 Conseil National (Switz.) 166. 
 
 Constitution, amendments to (Aus.-Hun.) 9, 10 ; (Belg.) 30, (Den.) 44, 
 (Fr.) 53, (Ger.) 62, (Gr.) 69, (Neth.) 101, (For.) 124, (Swed.) 151, 333 ; 
 
 (Nor.) 164, (Switz.) 173, (U.S.A.) 193 ; States Legislatures, 205 no 
 
 provision as to revision (Sp.) 132 Committee on Codes (Jap.) 372 
 
 on constitution (Swed.) 380. 
 
 Contempt (U.S.A.) 395. 
 
 Continuance of bills from last session see Bills, reintroduction of. 
 
 Corrupt practices (Aus.) 14, (Hun.) 24, (Belg.) 34, (Fr.) 55, (Ger.) 63, 
 (Gr.) 72, (It.) 81, (Jap.) 92, (For.) 123, (Sp.) 137, (Swed.) 152, (Nor.) 
 165, (U.S.A.) 194. 
 
 Cortes (For.) 110, (Sp.) 131. 
 
 Council of State (Bel.) 37, (Neth.) 97, (Sp.) 126, (Swed.) 143, (Nor.) 
 154, (U.S.A.) 184. 
 
 Count of the House see Quorum. 
 Debate see Members in debate. 
 
 Delegations (Aus.-Hun.) 2 -procedure in Committee, 291. 
 
 " Democrats "(U.S.A.) 190, 566. 
 
 Denmark constitution, 35 state of parties, 1890, 548. 
 
 Deputies see Members. 
 
 Diet (Swed.) see Houses of Parliament and Provincial Diets. 
 
 Disagreement see Houses of Parliament, disagreement of. 
 
 Disqualification (Aus.-Hun.) 13, (Hun.) 18,19; (Den.) 41, (Fr.) 48, (Jap.) 
 87, (Neth.) 100, (Sp.) 131, (U.S.A.) States Legislatures, 199. 
 
 Dissolution (Aus.) 7, (Belg.) 32, (Den.) 38, (Ger.) 63, (Gr.) 66, (It.) 73 
 (Neth.) 97, 100; (Sp.) 132, (Swed.) 149, (Nor.) 158, (U.S.A.) States 
 Legislatures, 199. 
 
INDEX. 578 
 
 Division see Voting, mode of. 
 Doorkeeper (TT.S.A.) 289. 
 Double return (Sp.) 136. 
 Ecclesiastical laws (Swed.) 143, 334. 
 
 Elections, general procedure (Aus.-Hun.) 13, (Hun.) 21, (Belg.)~31, 33 ; 
 (Den.) 42, (Fr.) 54, (Ger.) 62, (It.) 81, (Jap.) 87,558; (Xeth.) 105, 
 (For.) 119, (Sp.) 133, (Swed.) 152, (Xor.) 162, (Switz.) 174, (U.S.A.( 
 
 190; States Legislatures, 200 similarity of procedure as to (Sp.) and 
 
 (U.S.A.) 141 " by proportions " (Den.) 505 lapse of^time since 
 
 dissolution (Aus.) 7, (Belg.) 32, (Den.) 38, (Fr.) 50, (Ger.) 57, (It.) 73, 
 (Xeth.) 97, (Sp.) 132, (Swed.) 149 election petitions (Aus.- Hun) 
 
 208, (Hun.) 210, 354 ; (It.) 228 expenses of elections (Aus., Hun.) 
 
 13, (Belg.) 33, (Fr.) 54, (Ger.) 63, (Gr.) 72, (It.) 80, (Jap.) 87, (Xeth.) 
 
 109, (For.) 123, (Sp.) 136, (Swed.) 152, (Xor.) 164 second elections, 
 
 see Ballotage yalidity of elections (Aus. -Hun.) 501, (Fr.) 55, (It.) 
 
 83, (Jap.) 558, (Ger.) 64, (Gr.) 72, (For.) 122, (Sp.) 135, (Swed.) 152, 
 (Switz.) 176 verification of returns (Aus.-Hun.) 207, 348; (Hun.) 
 
 209, 353 ; (Belg.) 214, (Den.) 216, (Fr.) 219, (Ger.) 222, (Gr.) 224, 
 (It.) 228, (Xeth.) 229, (For.) 233, (Sp.) 239, (Swed.) 241, (Nor.) 245, 
 
 (U.S.A.) 250 electoral college, see College electoral districts 
 
 (For.) 121. 
 
 Electors (Aus.-Hun.) 11, (Hun.) 18, (Belg.) 28, (Den.) 41, (Fr.) 50, 
 (Ger.) 57, (Gr.) 70, (It.) 81, (Jap.) 87, (Xeth.) 99, (For.) 120, (Sp.) 129, 
 
 (Swed.) 152, (Xor.) 164 of senators (Fr.) 47, (Den.) 40, (U.S.A.) 
 
 185 registration of electors (Hun.) 23, (Belg.) 28, (Fr.) 50, (Gr.) 
 
 70, (It.) 77, (Jap.) 87, (For.) 120, (Sp.) 129, (Swed.) 152, (Switz.) 174 
 
 residential qualification (Den.) 42, (Fr.) 50, (Jap.) 87, (Neth.) 
 
 99, (For.) 120, (Xor.) 162 patent electors (Xeth.) 109 must be 
 
 able to read and write (For.) 120, (U.S.A.) States Legislatures, 201 ; 
 and see Soldiers, Voters, Women. 
 
 Emperor (Aus.-Hun.) 6, (Ger.) 59, (Jap.) 85, 555. 
 
 Equality of yotes (Fr.) 55, (It.) 83, (Jap.) 90, (Sp.) 136, 520; (Gr.) 
 442, (Xeth.) 516, (Swed.) 522, (Nor.) 523. 
 
 Expenses of election see Election. 
 
 Federalism and Federalists (Aus.) 6, (Switz.) 171, (U.S.A.) 190. 
 
 Federal Assembly (Switz.) 165. 
 
 Federal Council (Ger.) 60, 309, 442 ; (Switz.) 165, 387, 485. 
 
 Federal Tribunal (Switz.) 168. 
 
 Folkething (Den.) 41. 
 
 France constitution ti. 
 
 Franchise see Electors, Women, Soldiers. 
 
 Fieedom of Speech see Members. 
 
 Fundamental law see Constitution. 
 
 Germany, constitution 57 parties in 1890 548. 
 
 Government see Ministers. 
 
 Governors (U.S.A.) States Constitutions, 196. 
 
 Greece, constitution 5 Parliament unicameral, soe Preface, p. vi, 
 
 Guizot, opinion of, on cl6ture (Fr.) 426. 
 
574 INDEX. 
 
 Hamilton, Alexander 190. 
 
 Hereditary members (Aus.) 7, (Hun.) 15, (Jap.) 86, 564. 
 
 Hours of sitting see Sitting. 
 
 House of Magnates (Hun.) 15, 416. 
 
 House of Eepresentatives (Hun.) 18, (U.S.A.) 188. 
 
 Houses of Parliament, conferences of, and communications (Aus.) 411, 
 412; (Hun.) 416, (Jap.) 320, 455; (For.) 327, (Switz.) 337, (U.S.A.) 
 
 342 disagreement between (For.) 327, (Neth.) 94, (Nor.) 161,478; 
 
 (Belg.) 300, (It.) 318, (Swed.) 478, (U.S.A.) 342 dissolution of see 
 
 Dissolution joint sittings or committee of (Neth.) 9i, 161 ; (Den.) 
 
 39, 302 ; (It.) 318, (Swed.) 478, (Sp.) 132, (Belg.) 300, (For.) 118, 328 
 
 quorum q. v. -order of business q. v. shape and arrangement 
 
 of chambers (Aus.-Hun.) 307, (Belg.) 214, (Den.) 216, (Fr.) 218, (Ger.) 
 221, (It.) 226, (Neth.) 23 L, (Sp.) 237, (Swed.) 213, (Nor.) 245, (U.S.A.) 
 249, and see Session, opening of. 
 
 Houses of Parliament, Upper House (Aus.) 5, 6 ; (Hun.) 15, (Belg.) 29, 
 (Den.) 40, (Fr.) 46, (Ger.) 59, (It.) 75, (Jap.) 86, 564 ; (Neth.) 98, (For.) 
 114, (Sp.) 126, (Swed.) 146, (Nor.) 160, (Switz.) 167, 485 ; (U.S.A.) 185; 
 
 States Legislatures, 198 proportion of members to population (Aus.- 
 
 Hun.) 8, (Den.)J42, (Swed.) 146 qualification (Belg.) 29, (Den.) 41, 
 
 (Fr.) 46, (It.) 75, (Neth.) 98, (For.) 114, (Sp.) 127, (Swed.) 146, (U.S.A.) 
 185 ; States Legislatures, 199 quorum q. v. retirement by rota- 
 tion (Den.) 41, (Fr.) 46, (U.S.A.) 185 salaries (Den.) 42, (Fr.) 50, 
 
 435; (It.) 75, (Switz.) 167, (Neth.) 99, (U.S.A.) 189; States Legisla- 
 tures, 198 no salary (Swed.) 146, and see Senate, Sessions, Sittings. 
 
 Houses of Parliament, Lower House (Aus.-Hun.) 7, (Hun.) 18, (Belg.) 27, 
 (Den.) 41, (Fr.) 50, (Ger.) 59, (Gr.) 59, (It.) 76, (Jap.) 86, 558; (Neth.) 
 99, (For.) 116, (Sp.) 128, (Swed.) 147, (Nor.) 159, (Switz.) 167, 
 
 (U.S.A.) 188; States Legislatures, 199 duration (Aus.-Hun) 4, 
 
 (Aus.) 7, (Hun.) 21, (Belg.) 30, (Den.) 42, (Fr.) 52, (Ger.) 59, (It.) 79, 
 
 (Jap.) 87, (For.) 118, (Sp.) 131 proportion of members to population 
 
 (Belg.) 31, (Den.) 42, (Fr.) 48, (It.) 77, (Neth.) 98, (Sp.) 128, 
 
 (Swed.) 146, (Switz.) 167, (U.S.A.) 188 qualification (Belg.) 29, 
 
 (Den.) 42, (Fr.) 48, (Ger.) 57, (Gr.) 71, (It.) 75, (Jap.) 86,456; (Neth.) 
 99, (For.) 116, (Sp.) 129, (Swed.) 147, (U.S.A.) 187; States Legislatures, 
 
 199 quorum, q. v. salaries (Belg.) 92, (Den.) 42, (Fr.) 50, 
 
 (Gr.) 68, (Neth.) 99, (For.) 116, (Swed.) 147, (Nor.) 158, (Switz.) 167, 
 
 (U.S.A.) 189 no payment (It.) 77, (Hun.) 212 see Sessions, 
 
 Sittings, Members. 
 
 Hungary, constitution 15, and see Preface, p. v. 
 Incompatibility (Hun.) 357, (Gr.) 71, (Neth.) 100. 
 Initiative of bills see Money Bills. 
 Interpellation see Questions. 
 
 Impeachment (Aus.-Hun.) 3, 7; (Belg.) 27, (Fr.) 46, (Gr.) 66, (It.) 75, 
 (Nefch.) 93, (For.) 113, (U.S.A.) 187; States Legislatures, 202? 
 (Nor.) p. vi. 
 
 Italy, constitution 73. 
 
 Japan, constitution 83 proclamation of constitution 551 copy of 
 
 constitution 555. 
 
 Joint Committee and sittings see Houses of Parliament. 
 Kilburnv. Thompson, question of privilege (U.S.A.) 394, 
 
INDEX. 575 
 
 King (Hun.) 6, (Belg.) 25, (Den.) 35, (Gr.) 65, (It.) 73, (Xeth.) 93, 97 ; 
 (For.) 110, (Sp.) 124, (Swe.) 143, (Xor.) 153; and see Veto, Assent. 
 
 Lagthing(SoT.) 160. 
 Landsthing (Den.) 39. 
 Larsson's case 151. 
 Librarian (Gr.) 268. 
 
 Life Members (Hun.) 17, (Den.) 41, (Fr.) 46, (Jap.) 86, 564; (For.) 114, 
 (Sp.) 127. 
 
 Limited rotes (It.) 82. 
 
 Local Parliaments (Aus. -Hun.) 2, note (Aus.) 5, (Ger.) 57, (Xeth.) 98, 
 
 (U.S.A.) States Legislatures, 197. 
 Lower House see Houses of Parliament. 
 Mace in House of Representatives (U.S.A.) 289, note. 
 Majority (Sp.) 520. 
 
 dat Imperative" (Aus.) 10, (Gr.) 70, (It.) 76, (For.) 114; and see 
 
 Members as Delegates. 
 
 Members in debate (Hun.) 414, (Belg.) 418, (Den.) 422, (Fr.) 424,435; 
 (Ger.) 439, (Gr.) 443. (It.) 446, 513 ; (Xeth.) 323, 462, 515 ; (For.) 
 464, (Sp.) 472, (Swed.) 476, (Xor.) 481, (Switz.) 483, (U.S.A.) 490: 
 
 and see Speeches, duration of freedom of speech and arrest (Aus.- 
 
 Hun.) 10, (Belg.) 30, (Den.) 39, (Ger.) 61, (It.) 76, (Xeth.) 101, 
 (For.) 118, (Sp.) 132, (Swed.) 150; States Legislatures, (U.S.A.) 204; 
 
 (Jap.) 560 fine for non-attendance (Belg.) 32, (Swed.) 14S, (Switz.) 
 
 167 leave of absence (Aus.) 406, (Den.) 262, 423 ; (Sp.) 471, (Jap.) 
 
 457, 439; (Hun.) 259, (Fr.) 264, (Ger.) 266, (Swed.) 2-2, (Gr.) 443, 
 
 (It.) 448 Delegates not considered as (Belg.) 30, (Ger.) 61, (It.) 75, 
 
 (Gr.) 70, (For.) lU may be silenced in debate (Aus.) 409, (Hun.) 
 
 415, (Den.) 422, (Fr.) 425. (It.) 447, (For.) 467, (Sp.) 473 how 
 
 proceeded against (It.) 449 in committee of supply (Aus.) 350. 
 
 Ministers, responsibilty of (Aus.-Hun.) 3, (Aus.) 9, (Belg.) 27, (Den.) 
 37, (Fr.) 45, (It.) 75, (Xeth.) 97, (For.) 113, (Sp.) 124, (Swed.) 143, 
 
 (Xor.) 159, (Switz.) 166, (U.S.A.) 184 in debate (Hun ) 414, 
 
 (Belg) 420, (Fr.) 46, 424, 433; (Den.) 422, (Xeth.) 100, (Gr.) 444, 
 
 (Jap.) 454, (For.) 465, (Switz.) 166 in committee (Aus.-Hun.) 349, 
 
 (Aus.) 351, (Hun.) 414, (Sp.) 379, (Ger.) 367 see Questions, 
 Impeachment. 
 
 Minutes compiled by Secretaries (Aus.-Hun.) 401, (Hun.) 259, 413; 
 (Aus.) 407, (Fr.) 264, (Ger.) 266, 439 ; (Gr.) 267, 443; (It.) 271, (Jap.) 
 
 275, (For.) 278, (Sp.) 280, (Xor.) 281, (Swed.) 479, (Switz.) 285 
 
 revision of (Aus.) 407, (Belg.) 417, (Ger.) 439, (Swed.) 479 of 
 
 committee (Aus.) 351. 
 
 Mode of voting see Voting. 
 Moderating power (For.) 110. 
 
 Money bills (Aus.) 291, (Fr.) 306, (Sp.) 330, (Jap.) 320, (Ger.) 310, 
 
 (U S.A.) 1878; States Legislatures, 345 in Committee of whole 
 
 House (U.S.A.) 399 provisional report (Xeth.) 375 money 
 
 grants (Hun.) 502 and see Budget. 
 
 Motions (Aus.-Hun.) 292, 294, 402 ; (Hun.) 295. 413 : (Belg.) 298, 299 ; 
 (Den.) 302, 362; (Fr.) 304, (Ger.) 308, 439; (Gr.) 311, (It.) 370, 448; 
 (Xeth.) 376, (Swed.) 332, (Xor.) 334, (U.S.A.) Senate, 339 ; House of 
 
576 INDEX. 
 
 Motions continued. 
 
 Representatives, 492 alternative procedure as to bills and motions in 
 
 Italy Preface, p. vii. 
 
 Mugwumps (U.S.A.) 192. 
 National Assembly (Fr.) 53. 
 
 Netherlands, constitution 93 recent changes in constitution Preface, 
 
 p. vi. 
 
 Norway, constitution 153 dispute betwetn Crown and Eigsret 
 
 Preface, p. vi. 
 
 Oath, Parliamentary (Aus.-Hun.) 207, (Hun.) 207, (Belg.) 213, (Den.) 
 216, (Fr.) 221, (Ger.) 221, (Gr.) 224, (It.) 226, (Neth.) 231, (For.) 234, 
 
 (Switz.) 244, (U.S.A.) 251, 393; States Legislatures, 200 no oath 
 
 required (Hun.) 209, (Fr.) 217, (Swed.) 242, (Nor.) 245 Eoyal or 
 
 Presidential (Belg.) 26, (Den.) 35, (Gr.) 67, (It.) 74, (Neth.) 96, (Por.) 
 Ill, (Nor.) 153, (U.S.A.) 181. 
 
 Officers see Clerk, Doorkeeper, &c. 
 
 " One Han one Vote" (Den.) 42, (Fr.) 52, (Ger.) 57. 
 
 Orders and Eules, standing see Rules. 
 
 Order of business (Aus.-Hnn.) 401, (Aus.) 406, (Hun.) 413, (Belg.) 417, 
 (Den.) 421, (Fr.) 423, (Ger.) 439, (Gr.) 444, (It. 446, (Jap.) 452, (Neth.) 
 460, (Por.) 464, (Sp.) 471, (Swed.) 475, (Nor.) 481, (Switz.) 487, 
 (U.S.A.) 487. 
 
 Order in the House, calls to order (Belg.) 421, (Den.) 422, (Fr.) 425, 
 434; (Ger.) 440, (Gr.) 444, (Jap.) 457, (Neth.) 461, (Por.) 467, (Sp.) 
 473, (Nor.) 482, (U.S.A.) 491 ; and see President, powers of. 
 
 Order of the day (Aus.-Hun.) 402, (Den.) 422, (Ger.) 439, (Gr.) 444, 
 E (It.) 449, 450 ; (Jap.) 452, (Neth.) 460, (Por.) 464 motion to pass to 
 
 (Fr.) 428, 432; (Belg.) 419, (Den.) 423, (Ger.) 441 Vordre du jour 
 
 motiv^(Fr.) 433. 
 
 Ordinances, royal (Aus.-Hun.) 9, (Jap.) 563. 
 Pairs (U.S.A.) 528. 
 
 Parliament, opening of (Aus.-Hun.) 207, (Hun.) 209, (Belg ) 213, (Den.) 
 215, (Fr.) 217, (Ger.) 221, (Gr.) 223, (It.) 226. (Jap.) 228, (Neth.) 
 229, (For.) 232, (Sp.) 237, (Swed.) 241, (Nor.) 244, (Switz.) 246, 
 (U.S.A.) 249. 
 
 Parties, political, state of (Aus.-Hun.) 8, (Hun.) 21, (Belg.) 214; (Den.) 
 39, 548, (Fr.) 49, (Ger.) 61, 549 ; (Gr.) 69, (It.) 79, (Neth.) 101, (Por.) 
 117, 550 ; (Sp.) 128, (Swed.) 150, (Nor.) 164, (Switz.) 170, (U.S.A.), 
 191, 193. 
 
 Patent electors (Neth.) 109. 
 
 Payment of members see Houses of Parliament, Lower House, Salaries. 
 
 Peers, election of (Jap) 91, 564; (Por.) 114; and see Hereditary Members. 
 
 Permanent Bureau see Bureau. 
 
 Personation agents see Corrupt Practices. 
 
 Petitioners see Elections. 
 
 Petitions (Aus.-Hun.) 530, (Aus.) 530, (Hun.) 531, (Belg.) 532, (Den.) 
 533, (Fr,) 535, (Ger.) 536, (Gr.) 537, (Jap.) 541, (Neth.) 542, (Por.) 544, 
 (Sp.) 544, (Switz.) 544, (U.S.A.) 545. 
 
INDEX. 577 
 
 Political parties, state of see Parties. 
 
 Population, proportion of members to (Aus.-Hnn.) 8, (Hun.) 20, (Belg.) 
 31, (Fr.) 52, (Ger.) 57, (Gr.) 70, (It.) 77, (Neth.) 98, (Sp.) 128, (Swed.) 
 148, (Nor.) 158, (Switz.) 167, (U.S.A.) 188. 
 
 Portugal, constitution 109 state of parties in 1890 550 recent 
 
 alterations in Chamber of Peers, Preface, p. vi. 
 
 Postulats (Switz.) 485. 
 
 Postmaster (U.S.A.) 290. 
 
 Precedence of government measures see Bills, Government. 
 
 President (Fr.) 44, 53, 308 ; (U.S.A.) 177, 182, 190. 
 
 President of Lower House, appointed by Crown (Neth.) 229, (For.) 117, 
 
 233 ; (Swed.) 242, (Jap.) 229 elected by house (Aus.-Hun.) 209, 
 
 (Hun.) 211, (Ger.) 221, (It.) 227, (Nor.) 15~9, (Sp.) 132, 238 ; (Switz.) 
 
 248, (U.S.A.) 249, 253 general powers of (Aus.-Hun.) 256, 499; 
 
 (Hun.) 258, (Belg.) 260, (Den.) 261, (Fr.) 264, (Ger.) 265, 442 ; (Gr.) 
 267, 443 ; (It.) 270, (Jap.) 273, (Xeth.) 276, (For.) 277, (Sp.) 279, (Swed.) 
 281, (Xor.) 282, (Switz.) 284, (U.S.A.) 285. 
 
 President of Upper House, appointed by Sovereign (Aus.-Hun.) 206, 
 (Hun.) 211, (It.) 227, (Xeth.) 231, (Sp.) 132,238,474; (Swed.) 242, 
 
 (For.) 116, (U.S.A.) 285, (Jap.) 229, 565 elected by house (Belg.) 
 
 215, (Den.) 217, (Fr.) 263, (Xor.) 244, (Switz.) 248 -general powers 
 
 of (Aus -Hun.) 256, 499; (Aus.) 408, (Hun.) 257, 415; (Belg.) 260, 
 (Den.) 261, 422 ; (Fr.) 264, (Ger.) 265, '(Gr.) 267, (It.) 270, 452 ; (Jap.) 
 274, 452; (Xeth.) 276, 460; (For.) 277, (Sp.) 279, 475; (Swed.) 281, 
 (Nor.) 282, (Switz.) 284, (U.S.A.) 285 -federal chancellor (Ger.) 57. 
 
 President, votes of (Hun.) 258, 502 ; (Neth.) 515, (For.) 518, (Xor.) 523, 
 (Switz.) 525, (U.S.A.) Senate, 286 ; House of Representatives, 528. 
 
 Previous question (U.S.A.) House of Representatives, 340, 493 ; (Belg.) 
 419, (Fr.) 427, (It.) 451, (For.) 469, (Sp.) 474. 
 
 Private bills see Bills, and see Preface, p. ix. 
 Privilege (U.S.A.) 394. 
 Procedure, parliamentary, passim. 
 Proclamation of constitution (Jap.) 551. 
 
 Promulgation of laws (Hun.) 297, (Fr.) 307, 431 ; (Gr.) 312, (Jap.) 319, 
 (For.) 329, (Swed.) 333, (U.S.A.) States Legislatures, 347. 
 
 Projets de lois, \ 
 
 Proposals of law, > see Bills, introduction of. 
 
 Propositions de lois, } 
 
 Proportional representation see Representation. 
 
 Prorogation (Belg.) 31, (Den.) 38, (Fr.) 46, (Ger.) 61, (Gr.) 66, (It.) 73, 
 
 (For.) 116, (Jap.) 452, (Sp.) 132, (Xor.) 159 effect of, on billssee 
 
 Bills, reintroduction of. 
 
 Provincial diets (Aus.-Hun.) 2, note ; (Aus.) 5, (Xeth.) 98. 
 Qualification see Electors, Members. 
 Quaestors (Fr.) 265, (Ger.) 267, (It.) 270. 
 Question, previous see Previous Question. 
 
 Question, form of putting (U.S.A.) 286, 525 ; (Aus.-Hun. (404, (Hun.) 
 502, 262 j (Ger.) 440, (Swed.) 477, (For.) 518 call to (Belg.) 418, 
 
578 INDEX. 
 
 Question continued. 
 
 (Aus.) 409, (Ger.) 440, (For.) 468, (Switz.) 484 questions to minis- 
 ters or interpellations (Aus.-Hun.) 410, (Hun.) 415, (Belg.) 419, (Den.) 
 423, (Fr.) 432, 434; (Ger.) 441, (It.) 447, 449; (Jap.) 454, (Neth.) 
 463, (For.) 464, and see Preface, pp. x, xi. 
 
 Quorum, Lower House (Aus.-Hun.) 353, 499; (Hun.) 412, 501; (Aus.) 
 407, (Belg.) 299, (Den.) 43, 421, 503 ; (Fr.) 428, (It.) 79, 446, 452 ; 
 (Gr.) 70, 412; (Ger) 508, (Neth.) 230, 460, 516; (Switz.) 168, 482; 
 (U.S.A.) States Legislatures, 203 Upper House (Aus.) 407, (Aus.- 
 Hun.) 499, (Hun.) 412, 501; (Belg.) 417, (Den.) 421, 503; (Fr.) 428, 
 (Ger.) 508, (Neth.) 460, 516; (Sp.) 239, 471; (For.) 464, (Switz.) 168, 
 
 482; (U.S.A.) States Legislatures, 203 in Committee (Aus.-Hun.) 
 
 349, (Aus.) 351, (Hun.) 210, 353; (Ger.) 222, 367; (It.) 228, 369; 
 
 (Fr.) 363, 429 ; (Sp.) 379, (U.S.A.) 391, (Jap.) 372 in Committee of 
 
 whole House (Aus.-Hun.) 349, (U.S.A.) 397 in Committee of Incom- 
 patibility (Hun.) 358. 
 
 Readings of Bill, procedure (Aus.-Hun.) 292, (Den.) 300 first reading 
 
 (Fr.) 335, (Ger.) 308, (Gr.) 311, (It.) 314, (Jap.) 318, (Neth.) 323, 
 (For.) 327, (Sp.) 330, (Swed.) 333, (U.S.A.) Senate, 338; House of 
 
 Representatives, 340 ; States Legislatures 346 second reading 
 
 (Aus.-Hun.) 293, 403; (Den.) 301, (Fr.) 306, (Ger.) 308, (Gr.) 311, 
 (It.) 315, (Neth.) 323, (For.) 327, (Sp.) 330, (U.S.A.) Senate, 339; 
 
 House of Representatives, 340 third reading (Aus.-Hun.) 294, 
 
 (Den.) 301, (Ger.) 309, (Gr.) 312, (It.) 316, (U.S.A.) Senate, 339; 
 House of Representatives, 340, 496. 
 
 Time between (Den.) 301, (Ger.) 309, (Gr.) 311, (Aus.-Hun.) 293, (Fr.) 
 305, (Neth.) 374; and see Vote, final. 
 
 Recess, sittings of Committee during (Jap.) 372, (Sp.) 379, (Switz.) 
 
 387. 
 
 Re-committal (Fr.) 431. 
 .Recorder (Neth.) 276. 
 Reed, Speaker, on procedure (U.S.A.) 568. 
 
 Re-election on receiving salaried office (Fr.) 50. (Ger.) 57, (Gr.) 68, 
 (Neth.) 101, (For.) 116 not necessary (Sp.) 131. 
 
 Referendum (Switz.) 171. 
 
 Regency (Belg.) 26, (Den.) 36, (Gr.) 68, (It.) 74, (Jap.) 556, (Neth.) 94, 
 (For.) 112, (Sp.) 125, (Swed.) 145, (Nor.) 156. 
 
 Registrar. 
 
 Regnicolar Committee (Hun.) 413. 
 Reichsrath (Aus.) 5. 
 Reichstag (Hun.) 14, (Ger.) 59. 
 
 Reporter of Sections or Committee (Aus.-Hun.) 349, (Aus.) 352, (Hun.) 
 355, (Ger.) 367, (It.) 370, (Neth.) 374, (For.) 376, (U.S.A.) 393, 
 (Switz.) 483. 
 
 Reports of members' speeches see Minutes, Speeches. 
 Representation, proportional (Den.) 40. 
 Republicans (For.) 117, (Sp.) 129, (U.S.A.) 190. 
 
 Resignation of member (Neth.) 107, (Aus.) 2C9, (Jap.) 457; and see 
 Re-election. 
 
INDEX. 579 
 
 Resolution*, how they differ from bills (Neth.) 325, (Nor.) 335. (Belg ) 
 299, (Aus.-Hun.) 402, (Aus.) 411. 
 
 Revenue bills see Honey Bills and Budget. 
 
 Revision of constitutor! see Constitution. 
 
 Rigsdag (Den.) 37. 
 
 Rigsret (Nor.) 155. 
 
 Rules, change or suspension of (U.S.A.) 497. 
 
 Salary see Houses of Parliament, Upper House, Lower House. Salaries 
 none given only railway pass (Ger.) 56, (It.) 78. 
 
 Scrutin d' arrondissement (Fr.) 48, 56. 
 
 Scrutin de liste(Fr.) 46, 48, 56; (Jap.) 87, (Swed.) 151. 
 
 Scr utineers (Hun.) 22, (Belg.) 32, (Neth.) 515, (For.) 121, (Switz.) 285. 
 
 Second elections see Elections. 
 
 Secretaries (Aus.-Hun.) 257, (Hun.) 259, (Belg.) 261, (Den.) 262, (Fr.) 
 264, (Ger.) 266, (Gr.) 267, (It.) 271, (Jap.) 275, (For.) 278, (Sp.) 279, 
 (Swed.) 282, (Xor.) 284, (Switz.) 285; and see Voting, made of. 
 
 Secret sessions (Fr.) 438, (Ger.) 438, (Jap.) 453, (U.S.A.) States Legis- 
 latures, 204 ; and see Strangers. 
 
 Sections see Bureau. 
 
 Senate (Belg.) 29, (Fr.) 46, (It.) 75, (Sp.) 127, 471; (U.S.A.) 185; 
 States senates, 198 - Committee of (Belg.) 360, (Fr.) 365, (It.) 371. 
 
 Senators election of, in France, Preface vi. 
 Sergeant (Hun.) 260, (U.S.A.) 289. 
 
 Session, duration of (Aus.-Hun.) 7, (Hun.) 20, (Belg.) 30, (Den.) 42, 
 (Fr.) 52, (Ger.) 59, (Gr.) 69, (It.) 79, (Xeth.) 103, (For.) 116, 118; 
 (Sp.) 131, (Swed.) 148, (Nor.) 158, 161; (Switz.) 168, (U.S.A.) 189; 
 limited in States Legislatures, 204 - opening of (Aus.-Hun.) 206, 
 (Hun.) 209, (Belg.) 213, (Den.) 215, (Fr.) 217, (Ger.) 221, (Gr.) 223, 
 (It.) 226, (Jap.) 228, (Xeth.) 229, (For.) 232, (Sp.) 237, (Swed.) 241, 
 (Xor.) 244, (Switz.) 246, (U.S.A.) 249. 
 
 Sitting, time and duration of (Aus.-Hun.) 7, (Hun.) 20, (Belg.) 30, (Den.) 
 42, '(Fr.) 52, (Ger.) 59, (Gr.) 69, (It.) 79, (Xeth.) 104, (For.) 116, 464; 
 (Sp.) 131, (Swed.) 148, 467; (Switz.) 168, (U.S.A.) 189 - opening of 
 (Aus.-Hun.) 401, (Aus.) 408, (Hun.) 413, (Belg.) 417, (Den.) 421, (Fr.) 
 424, (Ger.) 438, (Gr.) 442, (It.) 146, (Jap.) 452, (Xeth.) 460, (For.) -464, 
 (Sp.) 470, (Swed.) 475, (Switz.) 487. 
 
 Soldiers, domicile of (Switz.) 173 - may vote (Aus.) 11, (Den.) 41, 
 (Switz.) 173, (Xeth.) 106 - may not vote (Hun.) 120, (Fr.) 52, 
 (Ger.) 57, (It.) 78, (Jap.) 88. 
 
 124. 
 
 Speaker (Sp.) 254, (U.S.A.) 287, 487 - power to appoint committees 
 (U.S.A.) 391 - increase of power of (U.S.A.) 566. 
 
 Speech, freedom of see Members - written speeches forbidden (Hun.) 
 414, (Ger.) 440, (Gr.) 444, (For.) 464, (Switz.) 484 - duration of 
 (It.) 447, (U.S.A.) 491, and see Preface, p. x. 
 
 Standing orders, how altered (Aus.-Hun.) 406 - motion to dispense with, 
 Preface, p. x. 
 
580 INDEX. 
 
 States, general (Neth.) 97, (Swed.) 142. 
 States, provincial (Swed.) 142. 
 States, constitntions (U.S.A.) 195. 
 
 torthing (Nor.) 161. 
 
 Strangers, exclusion of (Aus.) 407, (Den.) 423, (Neth.) 463, (Nor.) 238, 
 (Swed.) 480, (Gr.) 445, (Jap.) 372, 458. 
 
 Sub-committees (U.S.A.) 392. 
 
 Suffrage, universal (Sp.) 550. 
 
 Sweden ] 41. 
 
 Switzerland 165. 
 
 Territories (U.S.A.) 188, 197. 
 
 Treaties, ratification of (Fr.) 303, (U.S.A.) 188. 
 
 Treating see Corrupt Practices. 
 
 Unfinished business, resumption of in next session see Bills reintroduc- 
 
 tion of, and Preface, p. ix. 
 
 United States of America 177, and see States Constitutions. 
 Upper House see Houses of Parliament. 
 
 Urgency (Aus.-Hun.) 403, (Aus.) 410, (Fr.) 304, 307, 427, 429; (It.) 313, 
 (Neth.) 463, (For.) 326, (Switz.) 337. 
 
 Vacation of seat of receiving salaried appointment see Re-election. 
 Vacancy of presidency (Fr.) 54. 
 Verification of returns see Elections. 
 
 Veto, royal or presidential (Aus.) 9, (Gr.) 65 limited in (For.) 118, 
 
 329 ; (Nor.) 159, (U.S.A.) 184, 343 ; and in States Legislatures, 346 
 
 non-existent (Swed.) 143, (Fr.) 44 in U.S.A., history of, 343 note 
 
 pocket-veto (U.S.A.) 343. 
 
 Vice-President (Aus.-Hun.) 257, (Hun.) 258, (Den.) 262, (Fr.) 264, 
 (Ger.) 266, (Gr.) 267, (It.) 270, (Jap.) 274, (For.) 278, (Sp.) 280, 
 (Swed.) 281, (Nor.) 282, (Switz.) 284, (U.S.A.) 287. 
 
 Vote, cumulative (Sp.) 135, (For.) 122 final vote on bill (Belg.) 
 
 290, (Den.) 302, (Fr.) 306, (Ger.) 309, (It.) 317, 512; (Neth.) 324, 
 (Sp.) 330, (U.S.A.) 498; and see Reading, third. 
 
 Voter see Elector illiterate voters (For.) 120, (U.S.A.) States 
 
 Legislatures, 201. 
 
 Voting, mode of (Aus.-Hun.) 499, (Hun.) 502, (Belg.) 503, (Den.) 504, 
 (Fr.) 506, (Ger.) 508, (Gr.) 509, (It.) 512, (Neth.) 515, (For.) 516, 
 (Sp.) 519, (Swed.) 521, (Nor.) 523, (Switz.) 524, (U.S.A.) 525 ; and see 
 Appel Nominal, Ballot, Casting Vote, and Scrutin, and also Equality of 
 Votes. 
 
 Voting paper provided by state (Belg.) 33. 
 
 Witnesses, practice as to (U.S.A.) 396. 
 
 Women, when entitled to vote (Aus -Hun.) 11 j and (U.S.A.) State Legis- 
 lature of Wyoming 191, 201. 
 
 VACHEH & SONS, Printers, Westminster. 
 
THIS 
 
 CALIFORNIA LIBRARY 
 
 BOOK IS DUE ON THE T.AST 
 
 UNIVERSITY OF CALIFORNIA LIBRARY 
 BERKELEY 
 
 Return to desk from which borrowed. 
 This book is DUE on the last date stamped below. 
 
 fe&JHL^ 
 
 LIBRAE USE 
 &PR 21 1950 
 
 SJun'53H*,. 
 
 31W55HIM 
 MAY 17 1955 LI] 
 5Jan'56VLO 
 
 FEB201959 
 
 LD 21-100m-9,'48(B399sl6)476 
 
 ^> 
 
 MAY 1 9 igft 
 
 8Jan'60JLZ 
 REC'D LD 
 
 DEC 13 1959 
 
 '5Jan'63TDB 
 
 
 **<**, 
 
08525