Part 161

=IV. The Judicial Department.= =IV. Judicial Departments=, or Courts of Law. JUDGES OF THE UNITED STATES COURTS _Privy Council._--The Judicial Com- _Appointed_ by the President with the mittee of the Privy Council (which advice and consent of the Senate. hears appeals from Colonial and Indian Courts, and also from Ecclesi- _Tenure of Office._--During life or astical Courts) consists of the Lord good behavior; but may retire on full Chancellor, Lord President, ex-Lords salary after reaching the age of President, the Lords of Appeal in seventy years, and after ten years’ Ordinary, and such other members of service on the bench. the Privy Council as shall from time to time hold or have held “high judi- THE SUPREME COURT OF THE UNITED cial office.” No dissenting judgments STATES are allowed, but the Judicial Commit- tee can grant special leave to _Members._--A Chief Justice and Eight appeal. Associate Justices. The English courts of law having _Salaries._--Chief Justice, fifteen jurisdiction in actions between thousand dollars; Associate Justices, parties are: each fourteen thousand five hundred dollars. HOUSE OF LORDS

_Terms of Court._--One each year, be- _Lord High Chancellor_ and such peers ginning on the second Monday in of Parliament as are holding or have October. held high judicial office. This is the ultimate Court of Appeal from all _Original Jurisdiction._--In all the courts in the United Kingdom. cases affecting Ambassadors, Ministers, and Consuls. In all cases in which a State is a party.

_Appellate Jurisdiction._--In cases of law and equity where the Inferior Courts have original jurisdiction, with such exceptions and regulations as Congress has made.

_The Chief Justice._--Presides over the Senate when it sits as a Court of Impeachmenet for the trial of the President.

INFERIOR COURTS There are two Courts of Appeal below these divisions: _Jurisdiction._--In cases between citizens of different States. In _Lords of Appeal in Ordinary._-- Con- cases in which the United States is sisting of six Justices. a party. In cases of admiralty and maritime jurisdiction. In trials for _Court of Appeal._--Ex-Officio crimes against the United States; but Judges, the Lord High Chancellor, the the trial of crimes must be by jury, Lord Chief Justice of England, the and must be held in the State where Master of the Rolls, and the President the crime was committed. of the Probate, Divorce and Admiralty Division. _Appeals to the Supreme Court_ may be had in all cases of law and equity, _The High Court_ comprises the King’s with such exceptions and regulations Bench, Chancery, and Probate, Divorce as Congress has made. and Admiralty Divisions.

KINDS OF INFERIOR COURTS _High Court of Justice, Chancery Di- vision._--(Administration of trusts, _United States Circuit Courts of company cases, mortgages, patents, Appeals._--Organized in 1891 to re- etc.). Consists of the Lord High lieve the United States Supreme Court Chancellor and six other Justices. in Appellate Cases. Number: One in each Judicial Circuit. Members: Three _High Court of Justice, King’s Bench judges selected from the District Division._--(Contracts, torts, bank- Courts. ruptcy, etc.). Consists of the Lord Chief Justice of England and fifteen _Number._--One in each Judicial other Justices. Circuit. _High Court of Justice, Probate, Di- _Members._--Three judges selected vorce and Admiralty Division._-- from the District Courts. (Wills, matrimonial cases, and mari- time cases). Consists of two _United States Circuit Courts._-- Justices.

_Number of Circuits._--Nine. _Court of Criminal Appeal._--All the Judges of King’s Bench Division. _Number of Judges._--Each Circuit has two, three, or four Circuit Judges, _Court of Arches._--An ecclesiastical and a Justice of the Supreme Court is court unites the powers of the _jus assigned to each Circuit. The canonicum_ with new powers conceded District Judge also may sit in a Cir- by the Church Discipline Act, 1841, cuit Court. and the similar statute of 1874, exercising authority in both pro- _Salary of Circuit Judges._--Fixed by vinces. The Judicial Committee of law at seven thousand dollars per Privy Council is the Court of Final year. Appeal in ecclesiastical causes.

_United States District Courts._-- _Bankruptcy Court._--Consisting of one Justice. _Number of Districts._--One or more in each State. At present there are seventy-three Judicial Districts.

_Salary of District Judge._--Fixed by law at seven thousand dollars per year.

_United States Court of Claims._--

_Jurisdiction._--Claims against the United States, including all claims which may be referred to it by Congress.

_Members._--One Chief Justice and four Associate Justices.

_Salaries._--Chief Justice, six thousand five hundred dollars; Associate Justices, each six thousand dollars.

In addition to the above named courts, Congress has established courts of local jurisdiction in the District of Columbia and in the Territories.

=GERMANY= =FRANCE=

_Form of Government._--The Empire, _Form of Government._--France, since according to the Constitution of the overthrow of Napoleon III., in April 16, 1871, is a Confederate 1870, has been a republic governed by League, bearing the name German Em- a President and two Chambers under pire, under the hereditary presi- the Constitution. dentship of the King of Prussia, who holds the title of German Emperor, and whose eldest son is styled His Imperial and Royal Highness.

=I. Constitution.= =I. Constitution.=

_Adoption._--Present Constitution _Adoption._--Present Constitution adopted April 16, 1871. The Constitu- adopted February 25, 1875. It has tion of the German Empire is sub- undergone but slight modifications. stantially that of the North German The present French Constitution re- Confederation, which came into force mains a mixture of monarchical and in 1867, and which was adopted by the republican institutions, and it has Empire in 1871, after the southern fully maintained its strong and old- states of Germany had combined with established centralization. The the northern. Constitution of 1875 is based on uni- versal suffrage. It was revised in 1875, 1884, 1885 and 1889.

_Amendments._--Amendments to the _Amendments._--Whenever the two Constitution can be proposed by Houses agree that revision is neces- either of the legislative bodies, are sary, and also agree upon particular passed by ordinary legislative pro- points that should be revised, the cess, requiring for their passage a National Assembly, composed of the majority simply of the votes of the Senate and the Chamber of Deputies, Reichstag, but they fail if fourteen sitting as one body, convenes at Ver- votes are cast against them in the sailles, and acts upon the amendments Bundesrath. proposed, the vote of an absolute majority being decisive. The National Assembly also elects the President of the republic.

=II. Chief magistrate=, styled the =II. Chief Magistrate=, or President Deutscher Kaiser. of the Republic.

_How Designated._--The election of _Term of Office._--Elected for seven Wilhelm I., King of Prussia, as years by the National Assembly, and German Emperor (1871) was by vote of is re-eligible. the Reichstag of the North German Confederation, on the initiative of The National Assembly meets for the all the reigning Princes of Germany. purposes of this election, as for the The Imperial dignity is hereditary revision of the Constitution, at Ver- in the House of Hohenzollern, and sailles. The revision of the Consti- follows the law of primogeniture in tution and the election of President the male line. He must be occupant of are its only functions. the throne of Prussia under the pro- visions of Prussian law. _Qualifications._--Must be a citizen, not a member of any family which has _Term of Office._--Holds office for occupied the throne of France. life,and cannot be removed.

_Salary or Income._--Royal Civil List _Salary._--$140,000. of Emperor, $3,700,000. _Responsibilities._--May be impeached by the Chamber of Deputies, and tried by the Senate, in case of high treason.

_Powers and Duties._--Commander-in- _Powers and Duties._--Has command of Chief of the imperial army. the army and navy.

Summons, opens, adjourns, and closes May convene the Chambers on extraordi- the two Houses. He may dissolve the nary occasions. Reichstag upon advice of the Bundes- rath. May adjourn the Chambers at any time for a period not exceeding one month. All measures passed by the Bundes- Can close a regular session of the rath are presented to the Reichstag Chambers at his discretion after it in the name of the Emperor. has continued five months; an extra session when he pleases. Can with the Bills passed by the two Houses must consent of the Senate dissolve the be promulgated by the Emperor. Chamber of Deputies even before the expiration of five months. This puts In cases where he regards them as in- an end to the session of the Senate volving a change in the Constitution, also, but not to its life. The Presi- he need not promulgate them if four- dent must order a new election in teen votes have been cast against case of dissolution. them in the Bundesrath. At the commencement of a new session All official acts of the Emperor re- of the Chambers the President of the quire the counter-signature of the republic sends a message, which is Chancellor. read by one of the Ministers.

Appoints and may, at his pleasure, Bills passed by the Chambers must be remove the Imperial Chancellor. Ap- signed by the President, and counter- points and may, with the counter- signed by one of his Ministers. signature of the Chancellor, remove all minor officers in the imperial Has no veto power, but is authorized service. to demand a reconsideration of any measure by the Chambers. May declare war if defensive, and make treaties and peace; but for de- Has power to appoint and remove all claring offensive war the consent of officers of the public service, sub- the Bundesrath must be obtained. ject to the counter-signature of the Minister whose department is affected Has power to grant pardons. in each case.

May make treaties of peace, alliance and commerce, but cannot declare war without the advice of the Chambers.

Has power to grant pardons.

_Succession._--In case of his death, resignation, or removal, the Council of Ministers act until the National Assembly can meet and elect a new President.

THE EXECUTIVE DEPARTMENTS THE EXECUTIVE DEPARTMENTS

_Imperial Chancellor_.--He has no _Powers and Duties._--As a Cabinet, counterpart in any other constitu- the Ministers represent the adminis- tional government. He is the Em- tration in the Chambers; as a Coun- peror’s responsible proxy, control- cil, they exercise a general over- ling the politics of the Empire. sight of the administration of the laws, with a view of giving unity of _Appointment and Tenure of Office._-- direction to the affairs of the Appointed by the Emperor. Must be one State. The President may be present of Prussia’s seventeen representa- at all Council meetings. tives in the Bundesrath. His term is dependent upon the pleasure of the _Cabinet and Council of Ministers._-- Emperor. Both the Cabinet and the Council con- sist of the same persons. The Cabinet _Responsibility._--Does not consist is a political body; the Council, an in a liability to be forced to re- administrative body. sign, but consists simply in amena- bility to the laws. _Appointment._--Chosen by the Presi- dent, generally from among the mem- bers of the Chambers.

_Powers and Duties._--Must give an _Members of the Cabinet._--Membership account of the administration to the may vary somewhat: Reichstag, and submits the annual budget. He is the center and source _Premier and Foreign Minister._ of all the administrative depart- ments, dominating the entire imperial _Ministers of State._ service. He superintends the ad- ministration of the laws of the Em- _Minister of Justice and Vice- pire by the States. As chairman of President of the Council._ the Bundesrath he is simply a Prussian representing the King of _Minister of War._ Prussia, as the Emperor has no place in the Bundesrath. _Minister of Marine._

The army and navy, however, are not _Minister of the Interior._ directly controlled by him, but by the General Field-Marshal. _Minister of Finance._

The following are the imperial _Minister of Agriculture._ authorities or Secretaries of State; they do not form a Ministry or _Minister of Public Works._ Cabinet, but act independently of each other, under the general super- _Minister of Commerce._ vision of the Chancellor: _Minister of Colonies._ _Chancellor of the Empire._ _Minister of Instruction and _Secretary for Foreign Affairs._ Minister of Inventions affecting National Defense._ _Imperial Home Office_ and _Council of State._--Gives advice on _Representative of the Chancellor._ all projects of law which the Cham- bers or the Government wish to submit _Imperial Admiralty._ to it, and on administrative regula- tions and by-laws. Its decision is _Imperial Secretary of Justice._ final in all disputes arising in matters of administration. _Imperial Treasury._ Is presided over by the Minister of _Imperial Post-Office._ Justice, and is composed of Council- lors, Masters of Requests, and _Secretary for the Colonies._ Auditors, all appointed by the Presi- dent of the republic. And, in addition, the following presidents of imperial bureaus: _Relations to the Chambers._--Are the leaders of the Chambers. _Railways._ Whether members of the Chambers or _Imperial Exchequer._ not, they have as Ministers the right to attend all sessions of the Cham- _Imperial Bank._ bers and take a specially privileged part in the debate. _Imperial Debt Commission._ _Tenure of Office._--Dependent upon _Administration of Imperial Rail- the favor of the Chambers; for, if ways._ not sustained, they must all resign.

_Imperial Court Martial._

Acting under the direction of the Chancellor of the Empire, the Bundes- rath represents also a supreme ad- ministrative and consultative board, and as such has twelve standing com- mittees--namely, for army and forti- fications; for naval matters; tariff, excise and taxes; trade and commerce; railways, posts and telegraphs; civil and criminal law; financial accounts; foreign affairs; for Alsace-Lorraine; for the Constitution; for the standing orders; and for railway tariffs.

=III. The Government.= =III. The Chambers.=--Consist of the Senate and House of Deputies. The legislative functions of the Empire are vested jointly in the Bun- desrath or Federal Council which re- presents the several states, and by the Reichstag or Diet of the Realm, which represents the German nation. The Emperor has no veto on laws passed by these bodies. All laws for the Empire must receive the votes of an absolute majority.

The consent of the Federal Council and Reichstag is necessary in regard to certain specified treaties. The Emperor has the right to summon, open, adjourn, and close the Reichs- tag. The Federal Council and Reichs- tag must be summoned to meet every year; the Reichstag cannot be sum- moned without the adherence of the Federal Council.

_BUNDESRATH, or Federal Council_, is _THE SENATE_ is composed of three composed of sixty-one votes repre- hundred members chosen by the Depart- senting the individual states. They ments and Colonies for nine years, are appointed by the governments one-third of the members retiring (_i. e._ the Executives) of the every three years. States for each session. Until 1884 the Senate contained The apportionments of representa- seventy-five life members, the life tion in the Bundesrath among the list having been originally made up States of the Empire is as follows: by election by the National Assembly Prussia seventeen votes, Bavaria six, of 1875, and vacancies being filled Saxony and Würtemberg four each, by the Senate itself. In 1884 this Baden, Hesse and Alsace-Lorraine each arrangement was abolished, and since three, Mecklenburg-Schwerin and that year vacancies in the life roll Brunswick each two, the other States have been filled by ordinary nine- (seventeen) one apiece. year Senators.

_Qualifications._--Must be a French- man, and at least forty years of age.

_Remuneration._--Receive no pay. _Remuneration._--15,000 francs ($3,000).

_Organization_--_Quorum._--The Im- _Organization_--_Quorum._--A majority perial Chancellor or his substitute of members. Elects its own President (at regular meeting). The Imperial and Vice-Presidents. Chancellor presides. Votes with the other Prussian representatives, whose votes must be undivided; and, in case of a tie, Prussia’s vote decides.

_Committees._--There are three _Committees._--Each month the members standing committees and eight commis- are divided by lots into “Bureaux.” sions, two of which are appointed by These select all the special commit- the Emperor, five wholly by the Bun- tees to which bills are referred, desrath, and one in part by the Bun- except when the House chooses itself desrath, being made up principally of to elect a committee. members _ex-officio_.

Each commission consists of represen- tatives of at least five States of the Empire.

_Powers and Duties._--May originate _Powers and Duties._--In concurrence bills to be sent to the Reichstag. with the Chamber of Deputies, makes Its consent is indispensable to the the laws, and has in law-making the validity of all legislation. Members same prerogatives as the Chamber, may speak on the floor of the Reichs- except that bills relating to revenue tag. Acting under the direction of originate with the Chamber. It is a the Imperial Chancellor, it is the court of justice for trying the supreme administrative board. It is President of the republic and the in some cases the highest court of Ministers. It may originate, and, in the Empire. Is the court of appeal concurrence with the Senate, pass between two or more States of the resolutions and bills; but bills re- Empire. lating to finance must be originated by the Chamber of Deputies. Has power to bring accusations against the President of the republic and the Ministers.

_REICHSTAG, or Imperial Diet_, is _THE CHAMBER OF DEPUTIES_ is composed composed (in 1917) of three hundred (in 1917) of five hundred and eighty- and ninety-seven members, and four Deputies, distributed among the elected for five years by universal Departments and certain colonies in suffrage. the proportion of one Deputy to seventy thousand inhabitants. The Deputies are chosen for a term of four years by universal suffrage, the Arrondissements serving as electoral districts.

_Qualifications._--Must be at least _Qualifications._--Must be a citizen twenty-five years of age, and have of France, and at least twenty-five lived at least one year in one of the years of age. German States.

_Organization_--_Quorum._--A majority _Organization_--_Quorum._--A majority of members. Elects its own presiding of members. Chooses its own Presi- officer, who is called the President. dent, Vice-President and other officers.

_Remuneration._--3,000 marks ($750) _Remuneration._--15,000 francs per session, with deduction of twenty ($3,000). marks ($5.00) for each day’s absence; they have free passes over German railways during session.