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950 m. to each
in Berlin, the administration of the various state systems residing, of accommodating vessels of 400 tons; and for the canalization in Prussia, in the ministry of public works; in Bavaria in the of the upper Oder. ministry of the royal house and of the exterior; in Württemberg On the whole, Germany cannot be said to be rich in canals. In in the ministry of the exterior; in Saxony in the ministry of
South Germany the Ludwigs canal was, until the annexation of the interior; in Baden and Hesse-Darmstadt in commissions of King Louis I. of Bavaria in order to unite the German Ocean and the
Alsace-Lorraine, the only one of importance. It was constructed by the ministry of finance; and in Alsace-Lorraine in the imperial Black Sea, and extends from the Main at Bamberg to Kelheim on ministry of railways.
the Danube. Alsace-Lorrainc had canals for connecting the Rhine
with the Rhone and the Marne, a branch serving the collieries of the The management of the Prussian railway system is committed Saar valley: The North German plain has, in the east, a canal to the charge of twenty " directions," into which the whole network by which Russian grain is conveyed to Königsberg, joining the of lines is divided, being those of Altona, Berlin, Breslau, Bromberg, Pregel to the Memel, and the upper Silesian
coalfield is in comDanzig. Elberfeld, Erfurt, Essen a.d. Ruhr, Frankfort-on-Main, munication with the Oder by means of the Klodnitz
canal. The Halle a.d. Saale, Hanover, Cassel, Kattowitz, Cologne, Königsberg, greatest number of canals is found around Berlin; they serve to Magdeburg, Münster, Posen, Saarbrücken and Stettin. The entire join the Spree to the Oder and Elbe, and include the Teltow canal length of the system was in 1906,20,835 m., giving an average of about opened in 1906. The canals in Germany (including ship canals
direction. The smallest mileage controlled by a through lakes) have a total length of about 2600 m. Navigable direction " is Berlin, with 380 m., and the greatest, Königsberg, and canalized rivers, to which belong the great water-systems of with 1200 m.
the Rhine, Elbe and Oder, have a total length of about 6000 m. The Bavarian system embraces 4642 m., and is controlled and managed, apart from the general direction" in Munich, by ten
Roads.—The construction of good highways has been well traffic boards, in Augsburg, Bamberg, Ingolstadt, Kempten, Munich, attended to in Germany only since the Napoleonic wars. The Nuremberg, Regensburg, Rosenheim, Weiden and Würzburg, separation of the empire into small states was favourable to
The system of the kingdom of Saxony has a length of 1616 m., and road-making, inasmuch as it was principally the smaller governis controlled by the general direction in Dresden.
The length of the Württemberg system is 1141 m., and is managed ments that expended large sums for their network of roads. by a general direction in Stuttgart.
Hanover and Thuringia have long been distinguished for the Baden (state) controls 1233, Oldenburg (state) 382, Mecklenburg- excellence of their roads, but some districts suffer even still Schwerin 726 and Saxe-Weimar 257 m. respectively, Rails from the want of good highways. The introduction of railways ways lying within the other smaller states are mostly worked by for a time diverted attention from road-making, but this neglect Prussia.
Alsace-Lorraine has a separate system of 1085 m., which is worked has of late been to some extent remedied. In Prussia the districts by the imperial general direction in Strassburg.
(Kreise) have undertaken the charge of the construction of the By the linking-up of the various state systems several grand trunk roads; but they receive a subsidy from the public funds of the linc routes have been developed—notably the lines Berlin:Vienna several provinces. Turnpikes were abolished in Prussia in 1874 Budapest; Berlin-Cologne-Brussels and Frankfort-on-Main-Basel; Hamburg-Cassel-Munich and Verona; and in Saxony in 1885. The total length of the public roads is and Breslau-Dresden-Bamberg-Geneva. Until 1907 no uniform estimated at 80,000 m. system of passenger rates had been adopted, each state retaining its own fares--a condition that led to much confusion. From the Württemberg, which have administrations of their own, all the
Posts and Telegraphs.-With the exception of Bavaria and trains the rate for first class was fixed at 1 d. a mile; for second German states belong to the imperial postal district (Reichsclass at 7d.; for third class at d., and for fourth class at id. a mile. postgebiet). Since 1874 the postal and telegraphic departments For express trains an extra charge is made of 2s. for distances have been combined. Both branches of administration have exceeding 93 m. (150 kils.) in the two superior classes, and is. for a undergone a surprising development, especially since the reduclesser distance, and of 1s. and 6d. respectively in the
case of third tion of the postal rates. Germany, including Bavaria and trains. The above rates include government duty; but the privilege Württemberg, constitutes with Austria-Hungary a special postal of free luggage (as up to 56 8t) has been withdrawn, and all luggage union (Deutsch-Österreichischer Postverband), besides forming other than hand baggage taken into the carriages is charged for. part of the international postal union. There are no statistics conveyed by the German railways, yielding £68,085,000 sterling, of posts and telegraphs before 1867, for it was only when the and the number of passengers carried was 957,684,000, yielding North German union was formed that the lesser states resigned £29.500,000.
their right of carrying mails in favour of the central authority. The passenger ports of Germany affording oversea communications to distant lands are mainly those of Bremen (Bremerhaven) and Formerly the prince of Thurn-and-Taxis was postmaster-general Hamburg (Cuxhaven) both of which are situate on the North Sca.
of Germany, but only some of the central states belonged to his From them great steamship lines, notably the North German Lloyd, postal territory. The seat of management was Frankfort-onthe Hamburg-American, the Hamburg South American and the Main. German East African steamship companies, maintain express mail and other services with North and South America, Australia, the
The following table shows the growth in the number of post
offices for the whole empire:Cape of Good Hope and the Far East. London and other English ports, French, Italian and Levant coast towns are also served by
Post Offices. Men cmployed. passenger steamboat sailings from the two great North Sea ports. The Baltic ports, such as Lübeck, Stettin, Danzig (Neufahrwasser)
7.518 and Königsberg, principally provide communication with the coast towns of the adjacent countries, Russia and Sweden.
206,945 Waterways.-In Germany, the waterways are almost solely
261.985 in the possession of the state. Of ship canals the chief is the
In 1872 there were 2359 telegraph offices; in 1880, 9980; in 1890, bottom of 72 ft. and at the surface of 213 ft., and with a depth telephone service in 1888, and 13,175 in 1899. The postal receipts
17,200; and in 1997, 37,309. There were 188 places provided with of 29 st. 6 in., but in 1908 work was begun for doubling the bottom amounted for the whole empire in 1907 to 133,789,460, and the exwidth and increasing the depth to 36 ft. In respect of internal penditure to £31,096,944, thus showing a surplus of £2,692,516. navigation, the principal of the greater undertakings are the Constitution. The constitution of the German empire is, in Dortmund-Ems and the Elbe-Trave canals. The former, con- all essentials, that of the North German Confederation, which structed in 1892–1899, has a length of 150 m. and a mcan depth came into force on the 7th of June 1867. Under this the preof 8 ft. The latter, constructed 1895-1900, has a length of 43 m. sidency (Praesidium) of the confederation was vested in the and a mean depth of about 71 ft. A project was sanctioned in king of Prussia and his heirs. As a result of the Franco-German 1905 for a canal, adapted for vessels up to 600 tons, from the war of 1870 the South German states joined the confederation; Rhine to the Weser at Hanover, utilizing a portion of the Dort- on the gih of December 1870 the diet of the confederation mund-Ems canal; for a channel accommodating vessels of similar accepted the treaties and gave to the new confederation the size between Berlin and Stettin; for improving the waterway name of German Empire (Deutsche Reich), and on the 18th of between the Oder and the Vistula, so as to render it capable | January 1871 the king of Prussia was proclaimed German
237 17.T 14
den af Lubeck
are separately represents the free towns
emperor (Deutscher Kaiser) at Versailles. This was a change of have in the federal council. Each state may appoint as many peror," not "emperor of Germany," being intended to show
the number of the deputies in the Reichstag. that the Kaiser is but primus inter pares in a confederation of bertem 2.910 80 81 I. No. of off No. of territorial sovereigns; his authority as territorial sovereign
States of the Empire.
Members in Members in (Landesherr) extends over Prussia, not over Germany.
Bundesrat. Reichstag. The imperial dignity is hereditary in the line of Hohenzollern, Kingdom of Prussia to get 17236 bal and follows the law of primogeniture. The emperor exercises
Jambo 36 to 3d 48 L the imperial power in the name of the confederated states. In
o Saxony his office he is assisted by a federal council (Bundesral), which
homop Württemberg Grand duchy of Baden
you alreau represents the governments of the individual states of Germany.
on We The members of this council, s8 in number, are appointed for
ក each session by the governments of the individual states. The
Saxe-Weimar legislative functions of the empire are vested in the emperor, the
Mecklenburg-Strelitz, 1 musii Bundesrat, and the Reichstag or imperial Diet. The members
1 Duchy of Brunswick
ilunt, of the latter, 397 in number, are elected for a space of five years A Saxe-Meiningen
Fuliad by universal suffrage. Vote is by ballot, and one member is || At site Saxe-Altenburg elected by (approximatcly) every 150,000 inhabitants.
Bali Anhalt As regards its legislative functions, the einpire has supreme
Principality of Schwarzburg-Sondersen and independent control in matters relating to military affairs
* 310100 101 and the navy, to the imperial finances, to German-commerce,
als uing test Schwarzburg-RudolTotoT
Mixing the long to posts and telegraphs, and also to railways, in so far as these
miline no onido affect the conimon delence of the country. Bavaria and Württem
Uit or not berg, however, have preserved their own postal and telegraphic idor Reuss-Schleiz administration. The legislative power of the empire also takes
in linolnom noen precedence of that of the separate states in the regulation of
Free town of matters affecting freedom of migration (Frcizi gigkeil), domicile, settlement and ihe rights of German subjects generally, as well
9000 man av Hamburg.
ridottileg as in all that relates to banking, patents, protection of intellectual | Imperial territory of Alsace-Lorraine
Lal 15 de property, navigation of rivers and canals, civil and criminal
inilahad gott cocina (8: loyisinto foi
58 legislation, judicial procedure, sanitary police, and control of the press and of associations.
The Reichstag must meet at least once in each year. Since The executive power is in the emperor's hands. He represents November 1906 its members have been paid (see PAYMENT OF the empire internationally, and can declare war if defensive, MEMBERS). and make peace as well as enter into treaties with other nations: The following table shows its composition after the elections of
1997 brie he also appoints and receives ambassadors. For declaring
2011 ja Tongitsins offensive war the consent of the federal council must be obtained. oyim smeni Brab Parties. We blo es de 1903. 1907. The separate states have the privilege of sending ambassadors
Centre is to the other courts; but all consuls abroad are officials of the
43 empire and are named by the emperor. 1 S AU
T 57 convoked by the emperor who has thc right of proroguing and
221 dissolving the Diet; but the prorogation must not exceedl 60
Alsatians, Guelphs and Danes days, and in case of dissolution new elections must be ordered
lo 16 within 60 days, and the new session opened within 90 days. All Wirtschaftliche Vereinigung (Reform Partei) laws for the regulation of the empire must, in order to pass,
Freisinnige Vereinigungta 16 yrio al tij:
Wilde (no party), receive the votes of an absolute majority of the federal council
Bund der Landwirte and the Reichstag. dellc!? ab otsa, vedie hofnery 15 23:20
Bauernbund Alsace-Lorraine is represented in the Bundesrat by four com. missioners (Kommissäre), without votes, who are nominated by the All the German states have separate representative assemblies, Stacthalter (imperia! lieutenant).
except Alsace-Lorraine and the two grand-duchies of Mecklenburg. The filty-eight members of the Bundesrat are nominated by the The six larger states have adopted the two-chamber system, but governments of the individual states for each session; while the in the composition of the houses great differences are found. for the term of five years. Every German who has completed his The lesser states also have chambers of representatives numbering twenty-fifth year is prima facie entitled to the suffrage in the state from 12 members in Reuss-Greiz) to 48 members (in Brunswick), within which he has resided for one year. Soldiers and those in the and in most s colours. Excluded, further, are persons under tutelage, bankrupts have legislative assemblies, numbering from 1 20 to 200 members. and paupers, as also such persons who have been deprived of civil rights, during the time of such deprivation. Every German citizen Imperial measures, after passing the Bundesrat and the who has completed his twenty-fifth year and has resided for a year Reichstag, must obtain the sanction of the cmperor in order to in one of the federal states is eligible for election in any part of the become law, and must be countersigned, when promulgated, by empire, provided he has not been, as in the cases above, excluded the chancellor of the empire (Rcichskanaler). All members of the from the right of suffrage. The secrecy of the ballot is ensured by special regulations passed on the 28th of April 1903. The voting federal council are entitled to be present at the deliberations of paper, furnished with an official stamp, must be placed in an envelope the Reichstag. The Bundesrat, acting under the direction of by the clector in a compartment set apart for the purpose in the the chancellor of the empire, is also a supreme administrative polling room, and thus enclosed, be handed by him to the presiding and consultative board, and as such it has nine standing coinofficer. An absolute majority of votes decides the election. (as in the case of several candidates) an absolute majority over all mittees, viz.: for army and fortresses; for naval purposes; the others has not been declared, a test election (Slichwahl) takes for tariffs, excise and taxes; for trade and commerce; for place between the two candidates who have received the greatest railways, posts and telegraphs; for civil and criminal law; for nurnber of votes. In case of an equal number of votes being cast financial accounts; for foreign affairs; and for Alsace-Lorraine. for both candidates, the decision is by lot.
The subjoined table gives the names of the various states com. Each committee includes representatives of at least four states posing the empire and the number of votes which the separate states of the empire. 2 wers1111.91 16:31
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For the several branches of administration a considerable sents all
the offices in his person, and as has been said, is the medium number of imperial offices have been gradually created. All lol.communication between the emperor and the Bundesrat and of them, however, either are under the immediate authority Colonies. The following table. gives some particulars of the of the chancellor of the empire, or are separately managed under dependencies of the empire: 1882 1883411 $ud aj zoals on: bis responsibility, The most important are the chancery office, the foreiga office
MP3 Date of (estimated) and the general post and telegraph office.
(estimated). But the heads of these do not form a cabinct. The Chancellor of the Empire (Reichskanzler).
ble 1967 local de -The Prussian plenipotentiary to the Bundesrat
1,000,000 is the president of that assembly; he is ap
190,000 3,500,000 pointed by the emperor, and bears the title
200,000 Reichskanzler. This head official can be repre
7,000,000 sented by any other member of the Bundesrat
112 Irishi ni lut named in a document of substitution. The
Total in Africa
910,150 11.700,000 Reichskanzler is the sole responsible official,
In the Pacific and conducts all the affairs of the empire, with
German New Guineann art
bat 110,000(?) the exception of such as are of a purely military
7121884 1.720,000 188,000 character, and is the intermediary betwecn the Caroline, Pelewand Mariana Islands
41,600 emperor, the Bundesrat and the Reichstag. All
1886 imperial rescripts require the counter-signature
15,000 of the chancellor before attaining validity. Ali Samoan Islands 1899 i 1985 33.800 measures passed by the Reichstag require the sanction of the majority of the Bundesrat, and
Total in Pacific. 337 96,145 only become binding on being proclaimed on
In behalf of the empire by the chancellor, which
60,000 publication takes place through the Reichs. gesetzblatt (the official organ of the chancellor);
- Total dependencies 151751884–1899 1,006,412 12,192,600 Government Offices. The following imperial offices are directly responsible to the chancellor and stand under his Except Kiad-chow, which is controlled by the admiralty, the control:
dependencies of the empirc are under the direction of the colonial 1. The foreign office, which is divided into three departments: office. This office, created in 1907, replaced the colonial department (i.) the political and diplomatic; (ii.) the political and commercial; of the foreign office which previously had had charge of colonial (iii.) the legal. The chics of the foreign office is a secretary of state, affairs. The value of the trade of the colonics with Germany in taking his instructions immediately from the chancellor.
1906 was: imports into Germany, $1,028,000; exports from 2. The colonial office (under the direction of a secretary of state) Germany, [2,236,000. For 1907 the total revenue from the colonies is divided into (i.) a civil department; (ii.) a military department; was £849,000; the expenditure of the empire on the colonies in (iii.) a disciplinary court.
the same year being 14.362,000. (See the articles on the various 3. The ministry of the interior or home office (under the conduct colonies.) i of a secretary of state). This office is divided into sour departments, dealing with (i.) the business of the Bundesrat, the Reichstag, the
Local Government. - In the details of its organization local elections, citizenship, passports, the press, and military and naval self-government differs considerably in the various states of the matters, so far as the last concern the civil authorities; (ii.) purely German empire. The general principle on which it is based, social matters, such as old age pensions, accident insurance, migra: however, is that which has received its most complete expression matters, patents, canals, steamship lincs, weights and measures; in the Prussian system: government by experis, checked by and (iv.) commercial and economic relations such as agriculture, lay criticism and the power of the purse, and effective control
4. The imperial admiralty (Reichsmarineame), which is the chief by the central authorities. In Prussia at least the medieval board for the administration of the imperial navy, its maintenance system of local self-government had succumbed completely to and development.
the centralizing policy of the monarchy, and when it was revived 5. The imperial ministry of justice (Reichsjustizam!), presided over it was at the will and for the purposes of the central authorities, by a secretary of state. This office, not to be confused with the as subsidiary to the bureaucratic system. This fact determined Reichsgericht (supreme legal tribunal of the empire) in Leipzig, deals its general characteristics. In England the powers of the local principally with the drafting of legal measures to be submitted to the Reichstag.
authorities are defined by act of parliament, and within the 6. The imperial treasury (Reichsschatzamt), or exchequer, is the limits of these powers they have a free hand. In Germany general head financial office of the empire. Presided over by a secretary of powers are granted by law, subject to the approval of the central state, its functions are principally those appertaining to the control of the national debt and its administration, together with such as authorities, with the result that it is the government departments in the United Kingdom are delegated to the board of land revenue.
that determine what the local elected authorities may do, and 7. The imperial railway board (Reichseisenbahnam!), the chief that the latter regard themselves as commissioned to carry out, official of which has the title of " president," dcals exclusively with not so much the will of the locality by which they are elected, the management of the railways throughout the empire, in so far as they fall under the control of the imperial authorities in respect
as that of the central government. This attitude is, indeed, of laws passed for their harmonious interworking, their tariffs and inevitable from the double relation in which they stand. A the safety of passengers conveyed.
Bürgermeister, once clected, becomes a member of the bureaucracy 8. The imperial post office (Reichspostame), under a secretary of and is responsible to the central administration; even the headstate, controls the post and telegraph administration of the empire man of a village commune is, within the narrow limits of his (with the exception of Bavaria and Württemberg), as also those in functions, a government official. Moreover, under the careful the colonies and dependencies.
9. The imperial office for the administration of the imperial classification of affairs into local and central, many things which railways in Alsace-Lorraine, the chief of which is the Prussian in England are regarded as local (e.g. education, sanitary adminiminister of public works.
10. The office of the accountant-general of the empire' (Rechnungsstration, police) are regarded as falling under the sphere of the hof), which controls and supervises the expenditure of the sums voted central government, which either administers them directly by the legislative bodies, and revises the accounts of the imperial or by means of territorial delegations consisting either of bank (Reichsbank).
individuals or of groups of individuals. These may be purely 11. The administration of the imperial invalid fund, s.c. of the official (e.g. the Prussian Regierung), a mixture of officials and fund set apart in 1871 for the benefit of soldiers invalided in the war of elected non-official members approved by the government of 1870-71; and
12. The imperial bank (Reichsbank), supervised by a committee of (e.g. the Bezirksausschuss), or may consist wholly of authorities four under the presidency of the imperial chancellor, who is a fifth elected for another purpose, but made to act as the agents of the
The heads of the various departments or state do not form, as in central departments (e.g. the Kreisausschuss). That this system England, the nucleus of a cabinet. In so far as they are secretaries works without friction is due to the German habit of discipline; of state,' they are directly responsible to the chancellor, who repre. I that it is, on the whole, singularly effective is a result of the
peculiarly enlightened and progressive views of the German | assembly (Gemeindevertretung) elected by them (in communes where bureaucracy.'
there are more than forty qualified inhabitants). At its head is an The unit of the German system of local government is the assistants (Schöffen, &c.). He is a government official responsible,
elected headman (Schulze, Dorfvorsteher, &c.), with a small body of commune (Gemeinde, or more strictly Ortsgemeinde). These are inter alia, for the policing of the commune. Where there are large divided into rural communes (Landgemeinden) and urban com estates these sometimes constitute communes of themselves. For munes (Stadtgemeinden), the powers and functions of which, common purposes several communes may combine, such combina though differing widely, are based upon the same general province Amtsverbände. In general the communes are of slight
tions being termed in Württemberg Bürgermeistereien, in the Rhine principle of representative local self-government. The higher importance. Where the land is held by small peasant proprietors, organs of local government, so far as these are representative, they display a certain activity; where there are large ground landare based on the principle of a group or union of communes
lords, these usually control them absolutely, (Gemeindeverband). Thus, in Prussia, the representative more greatly in the several states than that of the rural communes.
owns.-The constitution of the towns (Städteverfassung) varies assembly of the Circle (Kreistag) is composed of delegates of According to the so-called Stein'sche Stadteverfassung (the system the rural communes, as well as of the large landowners and the introduced in Prussia by Stein in 1808), which, to differentiate towns, while the members of the provincial diet (Provinsial. between it and other systems, is called the Magistratsverfassung (or landtag) are chosen by the Kreistage and by such towns as form magisterial constitution), the municipal communes
enjoy a greater
degree of self-government than do the rural. In the magisterial separate Kreise.
constitution of larger towns and cities, the members of the Magistral, In Prussia the classes of administrative areas are as follows: 1.e. the executive council (also called Stadtral, Gemeinderal), are (1) the province, (a) the government district (Regierungsbezirk), elected by the representative assembly of the citizens (Stadtverord(3) the rural circle (Landkreis) and urban circle (Stadtkreis), nelemversammlung) out of their own body. (4) the official district (Amtsbezirk), (5) the town commune | French legislation, the constitution of the towns and that of the
In those parts of Germany which come under the influence of (Stadtgemeinde) and rural commune (Landgemeinde). Of these rural communes (the so-called Bürgermeistereiverfassung) is identical, areas the provinces, circles and communes are for the purposes in that the members of the communal executive body are, in the both of the central administration and of local self-government, same way, as those of the communal assembly, elected to office and the bodies by which they are governed are corporations immediately by the whole body of municipal electors.
The government of the towns is regulated in the main by municipal The Regierungsbezirke and Amtsbezirke, on the other hand, are codes (Stadteordnungen), largely based upon Stein's reform of 1808. for the purposes of the central administration only and are not This, superseding the autonomy severally enjoyed by the towns and incorporated. The Prussian system is explained in greater citizens, who had hitherto been divided into classes and gilds, into
cities since the middle ages (see COMMUNE), aimed at welding the detail in the article PRUSSIA (9.»). Here it must suffice to
one corporate whole, and giving them all an active share in the adindicate briefly the general features of local government in the ministration of public affairs, while reserving to the central authorities other German states, as compared with that in Prussia. The the power of effective control. province, which usually covers the area of a formerly independent the exception of Rügen and Vorpommern or Hither Pomerania)
The system which obtains in all the old Prussian provinces (with state (e.g. Hanover) is peculiar to Prussia. The Regierungsbezirk, and in Westphalia is that of Stein, modified by subsequent laws however, is common to the larger states under various names, notably those of 1853 and 1856-which gave the state a greater Regierungsbesirk in Bavaria, Kreishauptmannschaft in Saxony, influence, while extending the powers of the Magistral. In Vor: Kreis in Württemberg. Common to all is the president( Regierungs-pommern and Rügen, and thus in the towns of Greifswald, Stralsund
and Bergen, among others, the old civic constitutions remain unpräsident, Kreishauptmann in Saxony), an official who, with a
changed In the new Prussian provinces, Frankfort-on-Main re. committee of advisers, is responsible for the oversight of the ceived a special municipal constitution in 1867, and the towns of 'administration of the circles and communes within his jurisdic- Schleswig-Holstein in 1869. The province of Hanover retains its tion. Whereas in Prussia, however, the Regierung is purely system as emended in 1858, and Hesse-Nassau, with the exception official, with no representative element, the Regierungsbezirk The municipal systems of Bavaria, Württemberg and Saxony are in Bavaria has a representative body, the Landrat, consisting of more or less based on that of Stein, but with a wider sphere of selfdelegates of the district assemblies, the towns, large landowners, government. In Mecklenburg there is no uniform system. In clergy and—in certain cases-the universities; the president Saxe-Coburg, the towns of Coburg and Neustadt have separate and is assisted by a committee (Landratsausschuss) of six members the system is uniform. The free cities of Lübeck, Hamburg and elected by the Landral. In Saxony the Kreishauplmann is Bremen, as sovereign states, form a separate class. Their con. assisted by a committee (Kreisausschuss).
stitutions are described in the articles on them. Below the Regierungsbezirk is the Kreis
, or Circle, in Prussia, the heregistrar
, mas the executive council (also called variously
Where the “ magisterial " constitution prevails, the members of Baden and Hesse, which corresponds to the Distriki in Bavaria, Stadtral, Gemeindevorstand, &c.), are as a rule elected by the reprethe Oberamt in Württemberg and the Amtshauptmannschaft in sentative assembly of the burgesses (Stadtverordnetenversammlung; Saxony. The representative assembly of the Circle (Kreistag, also Gemeinderal, städtischer Ausschuss, Kollegium der Burgervorstehet, Distriktsrat in Bavaria, Amtsversammlung in Württemberg, Studiältesten, &c.). The Magistral consists of the chief burgomaster Bezirksversammlung in Saxony) is elected by the communes, and Oberbürgermeister), a second burgomaster or assessor, and in large is presided over by an official, either elected or, as in the case towns of a number of paid and unpaid town councillors (Ralsherren, of the Prussian Landrat, nominated from a list submitted by Senatoren, Schöffen, Ratsmänner Magistralsråle), together with the assembly. So far as their administrative and legislative certain salaried members selected for specific purposes es. Baurat, functions are concerned the German Kreistage have been compared are elected by the whole body of citizens and unpaid, exercise a to the English county councils or the Hungarian comitatus. general control, their assent being necessary to any measures of Their decisions, however, are subject to the approval of their importance, especially
those involving any considerable outlay. official chiefs. To assist the executive a small committee They are elected for from three to six years; the members of the (Kreisausschuss, Distriklsausschuss, &c.) is elected subject to for life. In the large towns the burgomasters must be jurists, and
Magistrat are chosen for six, nine or twelve years, sometimes even official approval. The official district (Amtsbezirk), a subdivision are paid. The police are under the control of the Magistrat, except of the circle for certain administrative purposes (notably police), in certain large cities, where they are under a separate state de is peculiar to Prussia.
The second system mentioned above (Bürgermeistereiverfassung) Rural Communes.-As stated above, the lowest administrative prevails in the Rhine province, the Bavarian Palatinate, Hesse area is the commune, whether urban or rural. The laws as to the Saxe-Weimar, Anhalt, Waldeck and the principalities of Reuss and constitution and powers of the rural communes vary much in the Schwarzburg. In Württemberg. Baden and Hesse-Nassau the different states. In general the commune is a body corporate, its system is a compromise between the two; both the town and rural assembly consisting either (in small villages) of the whole body of the communes have a mayor (Bürgermeister or Sckultheiss, as the case qualifcd inhabitants (Gemeindever sannlung), or of a representative may be) and a Gemeinderal for administrative purposes, the citizens
See the comparative study in Percy Ashley's Local and Central exercising, control through a representative Gemeindecusschuss Government (London, 1906).
(communal committee). • The Kreis in Württemberg corresponds to the Regierungsbezirk
Justice.-By the Judicature Act-Gerichtsverfassungsgeselelsewhere.
of 1879, the so-called "regular litigious" jurisdiction of the
courts of law was rendered uniform throughout the empire, and courts are, as a rule, public. Only in exceptional circumstances are the courts are now everywhere alike in character and composition; cases hcard in camera. and with the exception of the Reichsgericht (supreme court of the offences before the Kriegsgericht. The court-martial is, in every
Military offences come before the military court and serious empise), immediately subject to the government of the state case, composed of the commander of the district as president, and in which they exercise jurisdiction, and not to the imperial four officers, assisted by a judge-advocate (Kriegsgerichtsral), who
conducts the case and swears the judges and witnesses. In the government. The courts, from the lowest to the highest, are
most serious class of cases, three officers and two judge-advocates Amtsgericht, Landgerichl, Oberlandesgericht and Reichsgericht. are the judges. The prisoner is defended by an officer, whom he There are, further, Verwaltungsgerichle (administrative courts) may himself appoint, and can be acquitted by a simple majority, for the adjustment of disputes between the various organs but only be condemned by a two-thirds majority. There are also of local government, and other special courts, such as military; Kaufmanns. and Gewerbegerichte (commercial and industrial courts), consular and arbitration courts (Schiedsgericht). In addition employees, under the presidency of a judge of the court. Their to litigious business the courts also deal with non-litigious aim is the effecting of a reconciliation between the parties. From malters, such as the registration of titles to land, guardianship the decision of these courts an appeal lies to the Landgericht where and the drawing up and custody of testamentary dispositions, the amount of the object in dispute exceeds 100 marks (15).
The following table shows the number of criminal cases tried all which are almost entirely within the province of the Amis
before the courts of first instance, with the number and sex of con: gerichle. There are uniform codes of criminal law (Strafgesetz- victed persons, and the number of the latter per 10,000 of the civil buch), commercial law and civil law (Bürgerliches Gesetzbuch), the population over twelve years of age : last of which came into force on the ist of January 1900. The criminal code, based
Total. on that of Prussia anterior to 1870, was
per 10,000 Amtsgericht. Landgeriche. Males. Females.
Inhabitants. gradually adopted by all the other states and was generally in force by 1872. It 1900 1,143,687 94,241 396,975 72,844 469,819 119:5 has, however, been frequently emende 1901 1,205,558 101,471 419.592 77.718 497,310 125.6 and supplemented.
512,329 127.3 The lowest courts of first instance are
105,241 424,813 80,540 505,353 123.4 the Amtsgerichte, cach presided over by a
105.457 435,197 81.785 516,976 124.2 single judge, and with jurisdiction in petty
Of those convicted in 1904, 225,326 had been previously convicted. criminal and civil cases, up to 300 marks (£15). They are also competent to deal with all disputes as to wages, and letting and hiring, without Poor Law.-A law passed by the North German Confederation regard to the value of the object in dispute. Petty criminal cases of the 6th of June 1870, and subsequently amended by an assessors--selected by lot from the jury lists, who are competent imperial law of the 12th of March 1894, laid down rules for the to try prisoners for offences punishable with a fine, not exceeding relief of the destitute in all the states composing the empire, 600 marks (£30) or corresponding confinement, or with imprison with the exception of Bavaria and Alsace-Lorraine. According ment not exceeding three months. The Landgerichte revise the to the system adopted, the public relief of the poor is committed in criminal and civil cases and in divorce proceedings. The criminal to the care of local unions (Orlsarmenverbände) and provincial chamber of the Landgerichl is composed of five judges, and a majority unions (Landarmenverbände), the former corresponding, generally, of lour is required for a conviction. These courts are competent to the commune, and the latter to a far wider area, a circle or a to try cases of felony punishable with a term of imprisonment not province. Any person of eighteen years, who has continuously by a judge,
who does not sit on the bench at the trial. Jury courts resided with a local union for the space of two years, there (Schwurgerichte) are not permanent institutions, but are periodically acquires his domicile. But any destilute German subject must held. They are formed of three judges of the Landgericht and a jury be relieved by the local union in which he happens to be at the of twelve; and a two-thirds majority is necessary to convict. time, the cost of the relief being defrayed by the local or provin, There are 173 Landgerichte in the empire, being one court for every cial union in which he has his domicile. The wise and children Oberlandesgericht, which has an original jurisdiction in grave offences have also their domicile in the place where the husband or father and is composed of seven judges. There are twenty-eight such has his. courts in the empire. Bavaria alone has an Oberstes Landesgericht, Relief of the poor is one of the chief duties of the organs of local which exercises a revising jurisdiction over the Oberlandesgerichte in sell-government. The moneys for the purpose are mainly derived the state. The supreme court of the German empire is the Reichs. from general taxation (poor rates per se being but rarely directly gerichi, having its seat at Leipzig. The judges, numbering ninety; levied), special funds and voluntary contributions. iwo, are appointed by the emperor on the advice of the federal council German states and communes certain dues (such as the dog tax in (Bundesra!). This court exercises an appellate jurisdiction in civil Saxony), death duties and particularly ducs payable in respect of cases remitted, for the decision of questions of law, by the inferior public entertainments and police court fines, are assigned to the poorcourts and also in all criminal cases referred to it. It sits in four relief chest. In some large towns the Elberfeld system of unpaid criminal and six civil senates, each consisting of seven judges, one district visitors and the interworking of public and private charity of whom is the president. The judges are styled Reichsgerichlsråle is in force. The imperial laws which introduced the compulsory (counsellors of the imperial court).
insurance of all the humbler workers within the empire, and gave In the Amtsgericht a private litigant may conduct his own case; them, when incapacitated by sickness, accident and old age, an but where the object of the litigation exceeds 300 marks (£15), absolute right to pecuniary assistance, have greatly reduced pauper. and in appeals from the Amtsgericht to the Landgericht, the plaintiff ism and crime. (and also the defendant) must be represented by an advocate Řechtsanwall.
Workmen's Insurance.-On June 15, 1883, the Reichstag, as A Rechtsanwall, having studied law at a university for four years the result of the policy announced by the emperor William I. and having passed two state examinations, if desiring to practise in his speech from the throne in 1881, passed an act making must be admitted as " defending counsel." by the A misgericht or insurance against sickness, accident, and incapacity compulsory but are sworn to the due execution of their duties. In case a client on all workers in industrial pursuits. By further laws, in 1885 has suffered damage owing to the negligence of the advocate, the and 1892, this obligation was extended to certain other classes latter can be made responsible. In every district of the Oberlandes of workers, and the system was further modified by acts passed gericht, the Rechtsanwälte are formed into an Anwallkammer (chamber in 1900 and 1903. Under this system every person insured has a court of honour, deals with and determines matters affecting the right to assistance in case of sickness, accident, or incapacity, honour of the profession. An appeal lies from this to a second while in case of death his widow and children receive an court of honour, consisting of the president, three judges of the annuity. Reichsgericht and of three lawyers admitted to practice before that 1. Insurance against sickness is provided for under these laws court. Criminal
prosecutions are conducted in the name of the crown by partly by the machinery already existing, i.e. the sick benefit societies, the Staatsanwälte (state attorneys), who form a separate branch of the The system of compulsory registration, which involves a notifijudicial system, and initiate public prosecutions or reject evidence as cation to the police of any change of address (even temporary). of being insufficient to procure conviction. The proceedings in the course makes it easy to determine the domicile in any given case.