The Third Republic

THE THIRD REPUBLIC The Third Republic had at first a provisional Government set up by the people of Paris. But immediately after the capitulation of the capital and in order to treat with Germany, a national as sembly was elected in accordance with the electoral law of which had been revived for the occasion with a few modifications, and met at Bordeaux on Feb. 13, 1871. Its majority was frankly monarchist, though divided as to the choice of a monarch, and pending a settlement of this question it ruled the country until 1875, with one man elected by it as head of the executive power. Thiers was the first to be elected in 1871; after his fall on May 24, 1873, he was succeeded by Marshall MacMahon, on whom the assembly later conferred, in the month of November following, the position of president of the republic for seven years when the refusal of the Comte de Chambord to accept the tricolor in place of the white flag of the Bourbons had made any attempt to restore the monarchy impossible. However, the recog nition of the republic by the assembly did not become definitive until Jan. 30, 1875, when an amendment was adopted providing for the election of an indefinite succession of presidents of the republic. Shortly afterwards, two constitutional laws were passed and promulgated, that of Feb. 24, 1875, on the organization of the senate, and that of Feb. 25, 1875, on the organization of the public powers. In the middle of the year they were supplemented by a third, that of July 16, 1875, on the relations between the public powers.

The French Constitution.-Thus

was built up the actual constitution of France. It differs fundamentally both in form and content from previous constitutions. As to its form, instead of a single methodical text divided into an uninterrupted series of articles, it consisted of three distinct laws. As to matter, it is obviously a work of an essentially practical nature, the result of compromise and reciprocal concessions. It does not lay down any theoretical principles and its provisions confine themselves strictly to what is necessary to ensure the proper working of the Governmental machinery. The result is a compromise between Republican principles and the rules of constitutional and parlia mentary monarchy.

Its composition is as follows : The legislative power is given to two elective chambers, the vote of both of which is necessary for legislation ; both have the right of initiating and amending laws. One house, the chamber of deputies, is elected by direct universal suffrage and is entirely renewed every four years ; the other, the senate, consists of 30o members, whom the law of Feb. 27, 1875, divides into two categories. Seventy-five of the senators are elected for life, the senate itself holding elections to fill up the vacancies. The 225 remaining senators are elected in each department by an electoral college which includes the deputies, the members of the general council of the department and of the councils of the arrondissements, and one delegate elected by each municipal council, whatever the importance of the commune. They are elected for nine years, a third of the house being renewed every three years.

The executive power is entrusted to a president elected for seven years by the chamber and the senate combined into a single body under the name of national assembly. He is always .eligible for re-election and is independent except in case of high treason. His powers are of the widest, including the initiative in legisla tion jointly with the two chambers, the appointment to all civil and military offices, the disposition and, if he wish it, the leader ship of the armed forces, the right of pardon, the right of nego tiating treaties with foreign Powers and in principle of ratifying them on his own authority, the consent of the two chambers being required only in certain cases defined by the constitution. But these powers he can only exercise through the medium of a Min istry, politically and jointly responsible to the chambers and forming a council over which the president usually presides. The right of dissolving the chamber of deputies before the expiration of its term of office also belongs to him, but in order to do so he must have, besides a Ministry which will take the responsibility for it, the preliminary sanction of the senate. The senate is at the same time a high court of justice which can judge the presi dent of the republic and ministers accused of crimes committed in the exercise of their functions. In 1884 the 75 senators for life were suppressed for the future by a process of extinction, their seats being divided amongst the most populous departments, and on Aug. 14 of the same year a law was passed declaring that no proposition for a revision of the constitution could be ac cepted which aimed at changing the republican form of Govern ment. Since 1871 the mode of election of the chamber of depu ties, which was not fixed by the constitution, has oscillated be tween the scrutin de liste for the departments and the scrutin uninominal for the arrondissements. The latter system was estab lished by the organic law of Nov. 30, 1875; superseded in 1885 by the scrutin de liste, it was restored in 1889. The law of July 12, 1919, re-established the scrutin de liste combined with pro portional representation, but the old system of scrutin d'arron dissement was finally reverted to in view of the elections of 1928.

Reforms Under the Third Republic.-The

legislative re forms carried out under the Third Republic are very numerous. As to public law, it is only possible to mention here those of a really organic character, chief among which are those which safe guard and regulate the freedom of the individual. The law of June 3o modified by that of March 28, 1907, established the right holding public meetings, whether for ordinary or electoral pur poses, without preliminary authorization; they must not be held, however, in the public highway, but in an enclosed space. The law of July 29, 1881, on the press, as subsequently modified in 1882, 1889, 1895, 1908 and 1919, is one of the most liberal in the world : by it, all offences committed by any kind of publica tion are submitted to a jury, and only slander, libel, defamation, incitement to crime, and in certain cases the publication of false news, are punished. The law of July 1, 1901, established the right of forming associations, the objects of which are not contrary to law or to public order or morality. On the condition of a sim ple declaration to the administrative authority, it grants them a civil status in a wide sense of the term. Religious congregations on the contrary, which are not authorized by a law, are forbidden by this law.

A law passed in 1875 by the national assembly established the liberty of higher education: that of primary education was con firmed and reorganized by the law of Oct. 30, 1886, which sim ply deprived the clergy of the privileges granted them by the law of 1850, though the latter remains in force with regard to the liberty of secondary education. The law of March 22, 1882, made primary education obligatory, though it allowed parents to send their children either to private schools or to those of the State; the law of June 16, 1881, established secular (laique) education in the case of the latter. Secondary education was also organized for girls in lycees or special colleges (colleges de filles). Finally, a law of July 10, 1896, dealing with higher education and the faculties of the State, reorganized the universities, which form distinct bodies, enjoying a fairly wide autonomy.

A law of Dec. 19, 1905, abrogating that of the 18th Germinal in the year X., which had sanctioned the Concordat, proclaimed the separation of the church from the State. It is based on the principle of the secular State (etat laique) which recognizes no form of religion, though it respects the right of every citizen to worship according to his beliefs, and it aimed at organizing as sociations of citizens, the object of which was to collect the funds and acquire the property necessary for the maintenance of wor ship, under the form of associations cultuelles, differing in certain respects from the associations sanctioned by the law of July 1, 1901, but having a wider scope. It also handed over to these regularly formed associations the property of the ecclesiastical establishments formerly in existence, while taking precautions to ensure their proper application, and allowed the associations the free use of the churches and places of worship belonging to the State, the departments or the communes. If no association cul tuelle was founded in a parish, the property of the former fabrique should devolve to the commune. But this law was condemned by the papacy, as contrary to the church hierarchy; and almost no where were associations cultuelles formed, except by Protestants and Jews, who complied with the law. After many incidents, but no church having been closed, a new law of Jan. 2, 1907, was enacted. It permits the public exercise of any cult, by means of ordinary associations regulated by the law of July 1, 1901, and even of public meetings summoned by individuals. Failing all associations, either cultuelles or others, churches, with their ornaments and furniture, are left to the disposition of the faith ful and ministers, for the purpose of exercising the cult ; and, on certain conditions, the long use of them can be granted as a free gift to ministers of the cult.

Among the organic laws concerning administrative affairs, there are two of primary importance, that of Aug. 10, 1871, on the conseils generaux considerably increased the powers and inde pendence of these elective bodies, which have become important deliberative assemblies. The law of 1871 also created a new ad ministrative organ for the departments, the commission departe mentale elected by the conseil general of the department and as sociated with the administration of the prefect. The other law is the municipal law of April 5, 1884, which effected a widespread decentralization; the maires and their adjoints are elected by the municipal council.

Reorganization of the Army.-The

war of 187o-71 had necessarily led to a modification of the military organization. The law of July 25, 1872, established the principle of compulsory service for all, first in the standing army, the period in which was fixed at five years, then in the reserve and finally in the terri torial army. But the application of this principle was by no means absolute, and only held good in time of war, the former exemptions still being allowed in time of peace. Moreover the system of conditional engagement for a year allowed young men for the purposes of study or apprenticeship to their professions to serve only a year with the active army in time of peace. A new law of July 15, 1889, reduced the term of service in the active army to three years, and the exemptions which were still pre served merely reduced the period to a year in time of peace. The same reduction was also granted to those who were pur suing important scientific, technical or professional studies. Later, the law of March 21, 1905, reduced the term of service in the active army to two years but made it equal for all, admitting of no exemption, but only certain facilities as to the age at which it had to be accomplished. In 1913, as an answer to the extensive armaments carried out by the German Government, the chamber voted the return to the former term of service of three years which was just being put into force when the War broke out. After the War, the law of April 1, 1923, reduced the term in the active army to one year and a half, and a law of July 14, 1927, completely reorganized the army for time of peace and for -time of war.

In 1883 the judicial personnel was reorganized and reduced in number, and except for a few modifications the main lines of judicial organization remained the same until the law of Sept. 3, 1926, which, for purposes of economy, suppressed the tribunaux d'arrondissements, and replaced them by departmental tribunals.

The system of taxation remained practically unaltered until the War, with the exception of the financial law of 1901 which re-arranged and increased the transfer fees and established a system of progressive taxation. A law of July 15, 1914, created income-tax; after the War, a tax on turnover and a tax on com mercial and industrial profits were also imposed, whilst the rate of the taxes themselves and stamp duties were increased all round. Owing to the rapid growth of fiscal legislation it was felt necessary to codify the various texts, which was done through a decree of Dec. 28, 1926.

Labour Legislation.-The labour laws, which generally par took of the nature both of public and private law, are a sign of our times. Under the Third Republic they have been numerous, the most notable being the law of March 21, 1884, on professional syndicates, which introduced the liberty of association in matters of this kind before it became part of the common law (see TRADE UNIONS) ; the law of Dec. 22, 1892, on conciliation and arbitra tion in the case of collective disputes between employers and workmen; that of June 29, 1893, on the hygiene and safeguarding of workers in industrial establishments, and the laws which regu late the work of children and women in factories; that of July 15, 1893, on free medical attendance ; and that of April 9, 1898, on the liability for accidents incurred during work, with those which have completed it. On Dec. 3o, 191o, a Code du Travail et de la Prevoyance Sociale was promulgated, codifying the previous legislation, dealing particularly with contracts for work, imposing special rules and regulations as to conditions of work, Sunday rest, precautions to be taken for the safety of workmen, indus trial diseases, etc., and creating work inspectors. A law of June 21, 1924, added a new part to this code, organizing special courts of law, called conseils prod 'hommes, before which disputes be tween employers and workmen have to be taken.

As to criminal law there have been more than 5o enactments mostly involving important modifications due to more scientific ideas of punishment, so that we may say that it has been almost entirely recast since the establishment of the Third Republic. The chief results of this legislation were the separate system ap plied in cases of preventive detention and imprisonment for short periods; liberation bef ore the expiry of the term of sentence, sub ject to the condition that no fresh offence shall be committed within a given time ; transportation to the colonies of habitual offenders ; remission of the penalty in the case of first offenders; greater facilities for the rehabilitation of condemned persons. Finally the law of Dec. 8, 1897, made the examination before the juge d'instruction a real hearing on both sides, and the appearance of counsel for the defence practically compulsory.

Private Law.-As to private law, both civil and commercial, hundreds of laws have been passed between 1871 and 1928 modi fying it, sometimes profoundly. Amongst the more important there was the law of July 27, 1884, and those which re-estab lished divorce, prohibited since 1816, but only permitted it for certain definite causes determined by law. On the other hand the law of Feb. 6, 1893, increased the liberty and independence of a woman who was simply judicially separated, in order to encourage separation as opposed to divorce, when the conditions allowed it. The law of March 25, 1896, on the succession of illegitimate children who were recognized by the parents did not treat them in the same way as legitimate children, but gave them the title of heirs in the succession of their father and mother together with much greater rights than they had hitherto possessed under the Code Civil. The law of July 24, 1899, on the protection of chil dren who are ill-treated or morally neglected, also modified some of the provisions of the law as applied to the family, with a view to greater justice and humanity. The formalities of marriage were simplified and marriage itself made easier through the laws of June 2p, 1896, and July 1, 1914. The law of Dec. 3o, 1915, made the legitimation of adulterine children possible ; that of March 20, 1917, allowed women, who had hitherto been debarred from so doing, to act as guardians of infant children. Consent to marriage was facultative by the law of Feb. 28, 1922, and under the law of April 28, 1922, ceased to be required for parties above 25 years of age. Finally the law of Aug. i o, 1927, codified the various dispositions concerning acquisition and loss of French nationality, and permitted French women marrying foreigners to retain their nationality of origin instead of acquiring as heretofore that of their husbands.

In commercial matters the law as to cheques was altered by laws of Dec. 3o, 1911, and Aug. 12, 1926; a law of July 4, 1914, completed that of July io, 1885, on maritime mortgage. A law of March 18, 1919, created a commercial registry (registre du commerce), reinforcing the existing measures of publicity im posed on traders, and that of Aug. 25, 1919, created the Office National du Commerce Exterieur. Finally life-insurance com panies were regulated and placed under strict supervision on the part of the State (law of March 17, 1905, as modified by that of May 21, 1921). (F. AL.)