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South Germany the Ludwigs canal was, until the annexation of

On the whole, Germany cannot be said to be rich in canals. In

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 in the ministry of the exterior; in Saxony in the ministry of the interior; in Baden and Hesse-Darmstadt in commissions of the ministry of finance; and in Alsace-Lorraine in the imperial ministry of railways.

The management of the Prussian railway system is committed to the charge of twenty "directions," into which the whole network of lines is divided, being those of Altona, Berlin, Breslau, Bromberg, Danzig, Elberfeld, Erfurt, Essen a.d. Ruhr, Frankfort-on-Main, Halle a.d. Saale, Hanover, Cassel, Kattowitz, Cologne, Königsberg, Magdeburg, Münster, Posen, Saarbrücken and Stettin. The entire length of the system was in 1906 20,835 m., giving an average of about "direction." 950 m. to each The smallest mileage controlled by a direction is Berlin, with 380 m., and the greatest, Königsberg, with 1200 m. The Bavarian system embraces 4642 m., and is controlled and managed, apart from the "general direction" in Munich, by ten traffic boards, in Augsburg, Bamberg, Ingolstadt, Kempten, Munich, Nuremberg, Regensburg, Rosenheim, Weiden and Würzburg.

The system of the kingdom of Saxony has a length of 1616 m., and is controlled by the general direction in Dresden. The length of the Württemberg system is 1141 m., and is managed by a general direction in Stuttgart. Baden (state) controls 1233, Oldenburg (state) 382, MecklenburgSchwerin 726 and Saxe-Weimar 257 m. respectively. Railways lying within the other smaller states are mostly worked by Alsace-Lorraine has a separate system of 1085 m., which is worked by the imperial general direction in Strassburg.

Prussia.

By the linking-up of the various state systems several grand trunk line routes have been developed-notably the lines Berlin-ViennaBudapest; Berlin-Cologne-Brussels and Paris; Berlin-HalleFrankfort-on-Main-Basel; Hamburg-Cassel-Munich and Verona; and Breslau-Dresden-Bamberg-Geneva. Until 1907 no uniform system of passenger rates had been adopted, each state retaining its own fares-a condition that led to much confusion. From the 1st of May 1907 the following tariff came into force. For ordinary trains the rate for first class was fixed at 14d. a mile; for second class at 7d.; for third class at d., and for fourth class at d. a mile. For express trains an extra charge is made of 2s. for distances exceeding 93 m. (150 kils.) in the two superior classes, and Is. for a lesser distance, and of Is. and 6d. respectively in the case of third class tickets. Fourth class passengers are not conveyed by express trains. The above rates include government duty; but the privilege of free luggage (as up to 56 lb) has been withdrawn, and all luggage other than hand baggage taken into the carriages is charged for. In 1903 371,084,000 metric tons of goods, including animals, were conveyed by the German railways, yielding £68,085,000 sterling, and the number of passengers carried was 957,684,000, yielding £29,500,000.

The passenger ports of Germany affording oversca communications to distant lands are mainly those of Bremen (Bremerhaven) and Hamburg (Cuxhaven) both of which are situate on the North Sea. From them great steamship lines, notably the North German Lloyd, the Hamburg-American, the Hamburg South American and the German East African steamship companies, maintain express mail and other services with North and South America, Australia, the Cape of Good Hope and the Far East. London and other English ports, French, Italian and Levant coast towns are also served by passenger steamboat sailings from the two great North Sca ports. The Baltic ports, such as Lübeck, Stettin, Danzig (Neufahrwasser) and Königsberg, principally provide communication with the coast towns of the adjacent countries, Russia and Sweden.

Waterways.-In Germany the waterways are almost solely in the possession of the state. Of ship canals the chief is the Kaiser Wilhelm canal (1887-1895), 61 m. long, connecting the North Sea and the Baltic; it was made with a breadth at bottom of 72 ft. and at the surface of 213 ft., and with a depth of 29 ft. 6 in., but in 1908 work was begun for doubling the bottom width and increasing the depth to 36 ft. In respect of internal navigation, the principal of the greater undertakings are the Dortmund-Ems and the Elbe-Trave canals. The former, constructed in 1892-1899, has a length of 150 m. and a mean depth of 8 ft. The latter, constructed 1895-1900, has a length of 43 m. and a mean depth of about 73 ft. A project was sanctioned in 1905 for a canal, adapted for vessels up to 600 tons, from the Rhine to the Weser at Hanover, utilizing a portion of the Dortmund-Ems canal; for a channel accommodating vessels of similar size between Berlin and Stettin; for improving the waterway between the Oder and the Vistula, so as to render it capable

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 Black Sea, and extends from the Main at Bamberg to Kelheim on the Danube. Alsace-Lorraine had canals for connecting the Rhine with the Rhone and the Marne, a branch serving the collieries of the Saar valley. The North German plain has, in the east, a canal by which Russian grain is conveyed to Königsberg, joining the Pregel to the Memel, and the upper Silesian coalfield is in communication with the Oder by means of the Klodnitz canal. The greatest number of canals is found around Berlin; they serve to join the Spree to the Oder and Elbe, and include the Teltow canal opened in 1906. The canals in Germany (including ship canals through lakes) have a total length of about 2600 m. Navigable and canalized rivers, to which belong the great water-systems of the Rhine, Elbe and Oder, have a total length of about 6000 m.

Roads. The construction of good highways has been well attended to in Germany only since the Napoleonic wars. The separation of the empire into small states was favourable to road-making, inasmuch as it was principally the smaller governments that expended large sums for their network of roads. Hanover and Thuringia have long been distinguished for the excellence of their roads, but some districts suffer even still from the want of good highways. The introduction of railways for a time diverted attention from road-making, but this neglect has of late been to some extent remedied. In Prussia the districts (Kreise) have undertaken the charge of the construction of the roads; but they receive a subsidy from the public funds of the several provinces. Turnpikes were abolished in Prussia in 1874 and in Saxony in 1885. The total length of the public roads is estimated at 80,000 m.

Posts and Telegraphs.-With the exception of Bavaria and Württemberg, which have administrations of their own, all the German states belong to the imperial postal district (Reichspostgebiet). Since 1874 the postal and telegraphic departments have been combined. Both branches of administration have undergone a surprising development, especially since the reduction of the postal rates. Germany, including Bavaria and Württemberg, constitutes with Austria-Hungary a special postal union (Deutsch-Österreichischer Postverband), besides forming part of the international postal union. There are no statistics of posts and telegraphs before 1867, for it was only when the North German union was formed that the lesser states resigned their right of carrying mails in favour of the central authority. Formerly the prince of Thurn-and-Taxis was postmaster-general of Germany, but only some of the central states belonged to his postal territory. The seat of management was Frankfort-onMain.

offices for the whole empire:-The following table shows the growth in the number of post

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In 1872 there were 2359 telegraph offices; in 1880, 9980; in 1890, 17,200; and in 1997, 37.309. There were 188 places provided with telephone service in 1888, and 13,175 in 1899. The postal receipts amounted for the whole empire in 1907 to £33.789.460, and the expenditure to £31,096,944, thus showing a surplus of £2,692,516.

Constitution. The constitution of the German empire is, in all essentials, that of the North German Confederation, which came into force on the 7th of June 1867. Under this the presidency (Praesidium) of the confederation was vested in the king of Prussia and his heirs. As a result of the Franco-German war of 1870 the South German states joined the confederation; on the 9th of December 1870 the diet of the confederation accepted the treaties and gave to the new confederation the name of German Empire (Deutsche Reich), and on the 18th of January 1871 the king of Prussia was proclaimed German

emperor (Deutscher Kaiser) at Versailles. This was a change of style, not of functions and powers. The title is "German emperor," not emperor of Germany," being intended to show that the Kaiser is but primus inter pares in a confederation of territorial sovereigns; his authority as territorial sovereign (Landesherr) extends over Prussia, not over Germany.

The imperial dignity is hereditary in the line of Hohenzollern, and follows the law of primogeniture. The emperor exercises the imperial power in the name of the confederated states. In his office he is assisted by a federal council (Bundesrat), which represents the governments of the individual states of Germany. The members of this council, 58 in number, are appointed for each session by the governments of the individual states. The legislative functions of the empire are vested in the emperor, the Bundesrat, and the Reichstag or imperial Diet. The members of the latter, 397 in number, are elected for a space of five years by universal suffrage. Vote is by ballot, and one member is elected by (approximately) every 150,000 inhabitants.

As regards its legislative functions, the empire has supreme and independent control in matters relating to military affairs and the navy, to the imperial finances, to German commerce, to posts and telegraphs, and also to railways, in so far as these affect the common defence of the country. Bavaria and Württemberg, however, have preserved their own postal and telegraphic administration. The legislative power of the empire also takes precedence of that of the separate states in the regulation of matters affecting freedom of migration (Freizügigkeit), domicile, settlement and the rights of German subjects generally, as well as in all that relates to banking, patents, protection of intellectual property, navigation of rivers and canals, civil and criminal legislation, judicial procedure, sanitary police, and control of the press and of associations.

The executive power is in the emperor's hands. He represents the empire internationally, and can declare war if defensive, and make peace as well as enter into treaties with other nations; he also appoints and receives ambassadors. For declaring offensive war the consent of the federal council must be obtained. The separate states have the privilege of sending ambassadors to the other courts; but all consuls abroad are officials of the empire and are named by the emperor.

Both the Bundesrat and the Reichstag meet in annual sessions convoked by the emperor who has the right of proroguing and dissolving the Diet; but the prorogation must not exceed 60 days, and in case of dissolution new elections must be ordered within 60 days, and the new session opened within 90 days. All laws for the regulation of the empire must, in order to pass, receive the votes of an absolute majority of the federal council and the Reichstag.

Alsace-Lorraine is represented in the Bundesrat by four com. missioners (Kommissare), without votes, who are nominated by the Statthalter (imperial lieutenant).

The fifty-eight members of the Bundesrat are nominated by the governments of the individual states for cach session; while the members of the Reichstag are elected by universal suffrage and ballot for the term of five years. Every German who has completed his twenty-fifth year is prima facie entitled to the suffrage in the state within which he has resided for one year. Soldiers and those in the navy are not thus entitled, so long as they are serving under the colours. Excluded, further, are persons under tutelage, bankrupts and paupers, as also such persons who have been deprived of civil rights, during the time of such deprivation. Every German citizen who has completed his twenty-fifth year and has resided for a year in one of the federal states is eligible for election in any part of the empire, provided he has not been, as in the cases above, excluded from the right of suffrage. The secrecy of the ballot is ensured by special regulations passed on the 28th of April 1903. The voting. paper, furnished with an official stamp, must be placed in an envelope by the elector in a compartment set apart for the purpose in the polling room, and, thus enclosed, be handed by him to the presiding officer. An absolute majority of votes decides the election. (as in the case of several candidates) an absolute majority over all the others has not been declared, a test election (Stichwahl) takes place between the two candidates who have received the greatest number of votes. In case of an equal number of votes being cast for both candidates, the decision is by lot.

If

The subjoined table gives the names of the various states com. posing the empire and the number of votes which the separate states

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All the German states have separate representative assemblies, except Alsace-Lorraine and the two grand-duchies of Mecklenburg. The six larger states have adopted the two-chamber system, but in the composition of the houses great differences are found. The lesser states also have chambers of representatives numbering from 12 members (in Reuss-Greiz) to 48 members (in Brunswick), and in most states the different classes, as well as the cities and the rural districts, are separately represented. The free towns have legislative assemblies, numbering from 120 to 200 members.

Imperial measures, after passing the Bundesrat and the Reichstag, must obtain the sanction of the emperor in order to become law, and must be countersigned, when promulgated, by the chancellor of the empire (Reichskanzler). All members of the federal council are entitled to be present at the deliberations of the Reichstag. The Bundesrat, acting under the direction of the chancellor of the empire, is also a supreme administrative and consultative board, and as such it has nine standing committees, viz.: for army and fortresses; for naval purposes; for tariffs, excise and taxes; for trade and commerce; for railways, posts and telegraphs; for civil and criminal law; for financial accounts; for foreign affairs; and for Alsace-Lorraine. Each committee includes representatives of at least four states of the empire.

2a

GERMANY

For the several branches of administration a considerable | sents all the offices in his person, and, as has been sald, is the medium (LOCAL GOVERNMENT number of imperial offices have been gradually created. All of them, however, either are under the immediate authority of communication between the emperor and the Bundesrat and of the chancellor of the empire, or are separately managed under ❘ dependencies of the empire:Reichstag. his responsibility. Colonies.-The following table gives some particulars of the The most important

In Africa-
Togoland
Cameroon

S.W. Africa
East Africa

Name.

Total in Africa

Area
(estimated)

Date of
Acquisition.

sq. m.

Pop. (estimated).

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In the Pacific

11,700,000

German New Guinea

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Bismarck Archipelago

110,000(?)

1884

20,000

Caroline, Pelewand Mariana Islands

188,000

1899

800

41,600

Solomon Islands

1886

4,200

45.000

Marshall Islands

1885

160

15,000

Samoan Islands

1899

985

33,000

Total in Pacific.

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In Asia-
Kiao-chow

1897

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Total dependencies

1884-1899

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are the chancery office, the foreign office and the general post and telegraph office. But the heads of these do not form a cabinet. The Chancellor of the Empire (Reichskanzler). -The Prussian plenipotentiary to the Bundesrat is the president of that assembly; he is appointed by the emperor, and bears the title Reichskanzler. This head official can be represented by any other member of the Bundesrat named in a document of substitution. The Reichskanzler is the sole responsible official, and conducts all the affairs of the empire, with the exception of such as are of a purely military character, and is the intermediary between the emperor, the Bundesrat and the Reichstag. All imperial rescripts require the counter-signature of the chancellor before attaining validity. All measures passed by the Reichstag require the sanction of the majority of the Bundesrat, and only become binding on being proclaimed on behalf of the empire by the chancellor, which publication takes place through the Reichsgesetzblatt (the official organ of the chancellor). Government Offices.-The following imperial offices are directly responsible to the chancellor and stand under his

control:

1. The foreign office, which is divided into three departments: (i) the political and diplomatic; (ii.) the political and commercial; (iii) the legal. The chief of the foreign office is a secretary of state, taking his instructions immediately from the chancellor.

2. The colonial office (under the direction of a secretary of state) is divided into (i.) a civil department; (ii.) a military department; (iii.) a disciplinary court.

3. The ministry of the interior or home office (under the conduct of a secretary of state). This office is divided into four departments, dealing with (i.) the business of the Bundesrat, the Reichstag, the elections, citizenship, passports, the press, and military and naval matters, so far as the last concern the civil authorities; (ii.) purely social matters, such as old age pensions, accident insurance, migration, settlement, poor law administration, &c.; (iii.) sanitary matters, patents, canals, steamship lines, weights and measures; and (iv.) commercial and economic relations-such as agriculture, industry, commercial treaties and statistics. 4. The imperial admiralty (Reichsmarineamt), which is the chief board for the administration of the imperial navy, its maintenance and development.

5. The imperial ministry of justice (Reichsjustizamt), presided over by a secretary of state. This office, not to be confused with the Reichsgericht (supreme legal tribunal of the empire) in Leipzig, deals principally with the drafting of legal measures to be submitted to the Reichstag.

6. The imperial treasury (Reichsschatzamt), or exchequer, is the head financial office of the empire. Presided over by a secretary of state, its functions are principally those appertaining to the control of the national debt and its administration, together with such as in the United Kingdom are delegated to the board of inland revenue. 7. The imperial railway board (Reichseisenbahnamt), the chief official of which has the title of "president," deals exclusively with the management of the railways throughout the empire, in so far as they fall under the control of the imperial authorities in respect of laws passed for their harmonious interworking, their tariffs and the safety of passengers conveyed.

office. This office, created in 1907, replaced the colonial department
Except Kiao-chow, which is controlled by the admiralty, the
of the foreign office which previously had had charge of colonial
dependencies of the empire are under the direction of the colonial
affairs.
Germany, £2,236,000. For 1907 the total revenue from the colonies
The value of the trade of the colonies with Germany in
was £849,000; the expenditure of the empire on the colonies in
1906 was: imports into Germany, £1,028,000; exports from
colonies.)
the same year being £4,362,000. (See the articles on the various

self-government differs considerably in the various states of the German empire. The general principle on which it is based, Local Government.-In the details of its organization local however, is that which has received its most complete expression lay criticism and the power of the purse, and effective control in the Prussian system: government by experts, checked by by the central authorities. In Prussia at least the medieval system of local self-government had succumbed completely to it was at the will and for the purposes of the central authorities, the centralizing policy of the monarchy, and when it was revived its general characteristics. In England the powers of the local as subsidiary to the bureaucratic system. This fact determined limits of these powers they have a free hand. In Germany general authorities are defined by act of parliament, and within the authorities, with the result that it is the government departments powers are granted by law, subject to the approval of the central that the latter regard themselves as commissioned to carry out, not so much the will of the locality by which they are elected, that determine what the local elected authorities may do, and inevitable from the double relation in which they stand. A I as that of the central government. This attitude is, indeed, and is responsible to the central administration; even the headman of a village commune is, within the narrow limits of his Bürgermeister, once clected, becomes a member of the bureaucracy functions, a government official. Moreover, under the careful 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). official (e.g. the Prussian Regierung), a mixture of officials and individuals or of groups of individuals. These may be purely (e.g. the Bezirksausschuss), or may consist wholly of authorities elected for another purpose, but made to act as the agents of the of elected non-official members approved by the government works without friction is due to the German habit of discipline; central departments (e.g. the Kreisausschuss). That this system that it is, on the whole, singularly effective is a result of the

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11. The administration of the imperial invalid fund, i.e. of the fund set apart in 1871 for the benefit of soldiers invalided in the war of 1870-71; and

12. The imperial bank (Reichsbank), supervised by a committee of four under the presidency of the imperial chancellor, who is a fifth and permanent member of such committee. The heads of the various departments of state do not form, as in England, the nucleus of a cabinet. In so far as they are secretaries of state, they are directly responsible to the chancellor, who repre

peculiarly enlightened and progressive views of the German bureaucracy.

The unit of the German system of local government is the commune (Gemeinde, or more strictly Ortsgemeinde). These are divided into rural communes (Landgemeinden) and urban communes (Stadtgemeinden), the powers and functions of which, though differing widely, are based upon the same general principle of representative local self-government. The higher organs of local government, so far as these are representative, are based on the principle of a group or union of communes (Gemeindeverband). Thus, in Prussia, the representative assembly of the Circle (Kreistag) is composed of delegates of the rural communes, as well as of the large landowners and the towns, while the members of the provincial diet (Provinziallandtag) are chosen by the Kreistage and by such towns as form separate Kreise.

In Prussia the classes of administrative areas are as follows: (1) the province, (2) the government district (Regierungsbezirk), (3) the rural circle (Landkreis) and urban circle (Stadtkreis), (4) the official district (Amtsbezirk), (5) the town commune (Stadtgemeinde) and rural commune (Landgemeinde). Of these areas the provinces,. circles and communes are for the purposes both of the central administration and of local self-government, and the bodies by which they are governed are corporations. The Regierungsbezirke and Amtsbezirke, on the other hand, are for the purposes of the central administration only and are not incorporated. The Prussian system is explained in greater detail in the article PRUSSIA (q.v). Here it must suffice to indicate briefly the general features of local government in the other German states, as compared with that in Prussia. The province, which usually covers the area of a formerly independent state (e.g. Hanover) is peculiar to Prussia. The Regierungsbezirk, however, is common to the larger states under various names, Regierungsbezirk in Bavaria, Kreishauptmannschaft in Saxony, Kreisin Württemberg. Common to all is the president (Regierungspräsident, Kreishauptmann in Saxony), an official who, with a committee of advisers, is responsible for the oversight of the administration of the circles and communes within his jurisdiction. Whereas in Prussia, however, the Regierung is purely official, with no representative element, the Regierungsbezirk in Bavaria has a representative body, the Landrat, consisting of delegates of the district assemblies, the towns, large landowners, clergy and in certain cases-the universities; the president is assisted by a committee (Landratsausschuss) of six members elected by the Landrat. In Saxony the Kreishauptmann is assisted by a committee (Kreisausschuss).

Below the Regierungsbezirk is the Kreis, or Circle, in Prussia, Baden and Hesse, which corresponds to the Distrikt in Bavaria, the Oberamt in Württemberg2 and the Amtshauptmannschaft in Saxony. The representative assembly of the Circle (Kreistag, Distriktsrat in Bavaria, Amtsversammlung in Württemberg, Bezirksversammlung in Saxony) is elected by the communes, and is presided over by an official, either elected or, as in the case of the Prussian Landrat, nominated from a list submitted by the assembly. So far as their administrative and legislative functions are concerned the German Kreistage have been compared to the English county councils or the Hungarian comitatus. Their decisions, however, are subject to the approval of their official chiefs. To assist the executive a small committee (Kreisausschuss, Distriktsausschuss, &c.) is elected subject to official approval. The official district (Amtsbezirk), a subdivision of the circle for certain administrative purposes (notably police), is peculiar to Prussia.

Rural Communes. As stated above, the lowest administrative area is the commune, whether urban or rural. The laws as to the constitution and powers of the rural communes vary much in the different states. In general the commune is a body corporate, its assembly consisting either (in small villages) of the whole body of the qualified inhabitants (Gemeindeversammlung), or of a representative See the comparative study in Percy Ashley's Local and Central Government (London, 1906).

The Kreis in Württemberg corresponds to the Regierungsbezirk elsewhere.

| assembly (Gemeindevertretung) elected by them (in communes where there are more than forty qualified inhabitants). At its head is an assistants (Schöffen, &c.). He is a government official responsible, elected headman (Schulze, Dorfvorsteher, &c.), with a small body of inter alia, for the policing of the commune. Where there are large

estates these sometimes constitute communes of themselves. For common purposes several communes may combine, such combinaprovince Amtsverbande. tions being termed in Württemberg Bürgermeistereien, in the Rhine In general the communes are of slight importance. Where the land is held by small peasant proprietors, they display a certain activity; where there are large ground landlords, these usually control them absolutely.

Towns. The constitution of the towns (Stadteverfassung) varies more greatly in the several states than that of the rural communes. According to the so-called Stein'sche Stadteverfassung (the system introduced in Prussia by Stein in 1808), which, to differentiate between it and other systems, is called the Magistratsverfassung (or degree of self-government than do the rural. In the magisterial magisterial constitution), the municipal communes enjoy a greater constitution of larger towns and cities, the members of the Magistrat, i.e. the executive council (also called Stadtrat, Gemeinderat), are elected by the representative assembly of the citizens (Stadtverordnelenversammlung) out of their own body.

In those parts of Germany which come under the influence of French legislation, the constitution of the towns and that of the rural communes (the so-called Bürgermeistereiverfassung) is identical, in that the members of the communal executive body are, in the immediately by the whole body of municipal electors. same way as those of the communal assembly, elected to office

The government of the towns is regulated in the main by municipal codes (Stadteordnungen), largely based upon Stein's reform of 1808. This, superseding the autonomy severally enjoyed by the towns and citizens, who had hitherto been divided into classes and gilds, into cities since the middle ages (see COMMUNE), aimed at welding the one corporate whole, and giving them all an active share in the administration of public affairs, while reserving to the central authorities the power of effective control.

the exception of Rügen and Vorpommern or Hither Pomerania) The system which obtains in all the old Prussian provinces (with and in Westphalia is that of Stein, modified by subsequent lawsnotably those of 1853 and 1856-which gave the state a greater influence, while extending the powers of the Magistrat. In Vorpommern and Rügen, and thus in the towns of Greifswald, Stralsund and Bergen, among others, the old civic constitutions remain unchanged In the new Prussian provinces, Frankfort-on-Main received a special municipal constitution in 1867 and the towns of Schleswig-Holstein in 1869. The province of Hanover retains its system as emended in 1858, and Hesse-Nassau, with the exception The municipal systems of Bavaria, Württemberg and Saxony are of Frankfort-on-Main, received a special corporate system in 1897. more or less based on that of Stein, but with a wider sphere of selfgovernment. In Mecklenburg there is no uniform system. In Saxe-Coburg, the towns of Coburg and Neustadt have separate and peculiar municipal constitutions. In almost all the other states the system is uniform. The free cities of Lübeck, Hamburg and Bremen, as sovereign states, form a separate class. Their constitutions are described in the articles on them.

the Magistrat, ie. the executive council (also called variously Where the "magisterial" constitution prevails, the members of Stadtrat, Gemeindevorstand, &c.), are as a rule elected by the representative assembly of the burgesses (Stadtverordnetenversammlung; also Gemeinderal, städtischer Ausschuss, Kollegium der Burgervorsteher, Studtaltesten, &c.). The Magistrat consists of the chief burgomaster (Erster Bürgermeister or Stadtschultheiss, and in the large cities Oberbürgermeister), a second burgomaster or assessor, and in large towns of a number of paid and unpaid town councillors (Ratsherren, Senatoren, Schöffen, Ratsmänner, Magistratsrate), together with certain salaried members selected for specific purposes (eg. Baurat, are elected by the whole body of citizens and unpaid, exercise a for building). Over this executive body the Stadtverordneten, who general control, their assent being necessary to any measures of importance, especially those involving any considerable outlay. They are elected for from three to six years; the members of the for life. In the large towns the burgomasters must be jurists, and Magistrat are chosen for six, nine or twelve years, sometimes even are paid. The police are under the control of the Magistral, except in certain large cities, where they are under a separate state de

partment.

The second system mentioned above (Bürgermeistereiverfassung) prevails in the Rhine province, the Bavarian Palatinate, Hesse, Saxe-Weimar, Anhalt, Waldeck and the principalities of Reuss and Schwarzburg. In Württemberg, Baden and Hesse-Nassau the system is a compromise between the two; both the town and rural communes have a mayor (Burgermeister or Schultheiss, as the case may be) and a Gemeinderat for administrative purposes, the citizens exercising control through a representative Gemeindeausschuss (communal committee).

Justice. By the Judicature Act-Gerichtsverfassungsgesetz— of 1879, the so-called " regular litigious" jurisdiction of the

GERMANY

courts of law was rendered uniform throughout the empire, and the courts are now everywhere alike in character and composition; JUSTICE courts are, as a rule, public. Only in exceptional circumstances are and with the exception of the Reichsgericht (supreme court of the offences before the Kriegsgericht. The court-martial is, in every cases heard in camera. empire), immediately subject to the government of the state Military offences come before the military court and serious in which they exercise jurisdiction, and not to the imperial four officers, assisted by a judge-advocate (Kriegsgerichtsrat), who case, composed of the commander of the district as president, and government. The courts, from the lowest to the highest, are Amtsgericht, Landgericht, Oberlandesgericht and Reichsgericht. conducts the case and swears the judges and witnesses. In the There are, further, Verwaltungsgerichte (administrative courts) may himself appoint, and can be acquitted by a simple majority, most serious class of cases, three officers and two judge-advocates for the adjustment of disputes between the various organs are the judges. The prisoner is defended by an officer, whom he of local government, and other special courts, such as military; Kaufmanns- and Gewerbegerichte (commercial and industrial courts), but only be condemned by a two-thirds majority. There are also consular and arbitration courts (Schiedsgericht). In addition composed of persons belonging to the classes of employers and to litigious business the courts also deal with non-litigious aim is the effecting of a reconciliation between the parties. From matters, such as the registration of titles to land, guardianship the decision of these courts an appeal lies to the Landgericht where employees, under the presidency of a judge of the court. Their and the drawing up and custody of testamentary dispositions, all which are almost entirely within the province of the Amts- before the courts of first instance, with the number and sex of conthe amount of the object in dispute exceeds 100 marks (£5). gerichte. There are uniform codes of criminal law (Strafgesetz-victed persons, and the number of the latter per 10,000 of the civil The following table shows the number of criminal cases tried buch), commercial law and civil law (Bürgerliches Gesetzbuch), the population over twelve years of age:last of which came into force on the 1st of January 1900. The criminal code, based on that of Prussia anterior to 1870, was gradually adopted by all the other states and was generally in force by 1872. It has, however, been frequently emended and supplemented.

Cases tried.

Persons convicted.

Year.

Total.

Amtsgericht. Landgericht.

Males.

Females.

Convictions per 10,000 Inhabitants.

1990

1,143,687

94.241

396,975

72,844

469,819

119:5

1901

1,205,558

101,471

419,592

77,718

497,310

125.6

1902 1,221,080

104,434

431,257

81,072

512,329

127-3

1903

1,251,662

105.241

424,813

80,540

505,353

123.4

1904

1,287,686

105,457

435.191

81,785

516,976

124.2

Of those convicted in 1904, 225,326 had been previously convicted.

The lowest courts of first instance are the Amtsgerichte, each presided over by a single judge, and with jurisdiction in petty 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 regard to the value of the object in dispute. Petty criminal cases are heard by the judge (Amisrichter) sitting with two Schöffen assessors-selected by lot from the jury lists, who are competent to try prisoners for offences punishable with a fine, not exceeding 600 marks (30) or corresponding confinement, or with imprisonment not exceeding three months. The Landgerichte revise the decisions of the Amtsgerichte, and have also an original jurisdiction in criminal and civil cases and in divorce proceedings. The criminal chamber of the Landgericht is composed of five judges, and a majority of four is required for a conviction. These courts are competent to try cases of felony punishable with a term of imprisonment not exceeding five years. The preliminary examination is conducted by a judge, who does not sit on the bench at the trial. Jury courts (Schwurgerichte) are not permanent institutions, but are periodically held. They are formed of three judges of the Landgericht and a jury of twelve; and a two-thirds majority is necessary to convict. There are 173 Landgerichte in the empire, being one court for every 325,822 inhabitants. The first court of second instance is the Oberlandesgericht, which has an original jurisdiction in grave offences and is composed of seven judges. There are twenty-eight such courts in the empire. Bavaria alone has an Oberstes Landesgericht, which exercises a revising jurisdiction over the Oberlandesgerichte in the state. The supreme court of the German empire is the Reichsgericht, having its seat at Leipzig. The judges, numbering ninety; two, are appointed by the emperor on the advice of the federal council (Bundesrat). This court exercises an appellate jurisdiction in civil cases remitted, for the decision of questions of law, by the inferior courts and also in all criminal cases referred to it. It sits in four criminal and six civil senates, each consisting of seven judges, one of whom is the president. The judges are styled Reichsgerichtsrate (counsellors of the imperial court).

In the Amtsgericht a private litigant may conduct his own case; but where the object of the litigation exceeds 300 marks (15), and in appeals from the Amtsgericht to the Landgericht, the plaintiff (and also the defendant) must be represented by an advocateRechtsanwalt.

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A Rechtsanwalt, having studied law at a university for four years and having passed two state examinations, if desiring to practise must be admitted as Landgericht, or by both. These advocates are not state officials, defending counsel." by the Amtsgericht or but are sworn to the due execution of their duties. has suffered damage owing to the negligence of the advocate, the In case a client latter can be made responsible. In every district of the Oberlandesgericht, the Rechtsanwälte are formed into an Anwaltkammer (chamber of advocates), and the council of each chamber, sitting as a court of honour, deals with and determines matters affecting the honour of the profession. An appeal lies from this to a second court of honour, consisting of the president, three judges of the Reichsgericht and of three lawyers admitted to practice before that

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of the 6th of June 1870, and subsequently amended by an Poor Law.-A law passed by the North German Confederation imperial law of the 12th of March 1894, laid down rules for the relief of the destitute in all the states composing the empire, with the exception of Bavaria and Alsace-Lorraine. According to the system adopted, the public relief of the poor is committed unions (Landarmenverbände),the former corresponding, generally, to the care of local unions (Ortsarmenverbände) and provincial province. Any person of eighteen years, who has continuously to the commune, and the latter to a far wider area, a circle or a resided with a local union for the space of two years, there acquires his domicile. But any destitute German subject must be relieved by the local union in which he happens to be at the time, the cost of the relief being defrayed by the local or provincial union in which he has his domicile. The wife and children have also their domicile in the place where the husband or father has his.1

In some

self-government. The moneys for the purpose are mainly derived
Relief of the poor is one of the chief duties of the organs of local
levied), special funds and voluntary contributions.
German states and communes certain dues (such as the dog tax in
from general taxation (poor rates per se being but rarely directly
Saxony), death duties and particularly dues payable in respect of
public entertainments and police court fines, are assigned to the poor-
relief chest. In some large towns the Elberfeld system of unpaid
is in force.
district visitors and the interworking of public and private charity
The imperial laws which introduced the compulsory
absolute right to pecuniary assistance, have greatly reduced pauper-
insurance of all the humbler workers within the empire, and gave
ism and crime.
them, when incapacitated by sickness, accident and old age, an

the result of the policy announced by the emperor William I.
Workmen's Insurance.-On June 15, 1883, the Reichstag, as
in his speech from the throne in 1881, passed an act making
insurance against sickness, accident, and incapacity compulsory
and 1892, this obligation was extended to certain other classes
on all workers in industrial pursuits. By further laws, in 1885
of workers, and the system was further modified by acts passed
in 1900 and 1903.
right to assistance in case of sickness, accident, or incapacity,
while in case of death his widow and children receive an
Under this system every person insured has a
annuity.

partly by the machinery already existing, i.e. the sick benefit societies,
1. Insurance against sickness is provided for under these laws

The system of compulsory registration, which involves a notification to the police of any change of address (even temporary), of course makes it easy to determine the domicile in any given case.

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