Switzerland

federal, swiss, cantons, vote, council, party, elected, assembly, government and referendum

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Though the cantons are united together as a confederation or “Eidgenossenschaft° for mu tual defense, each retains its individual inde pendence and governs itself according to the constitution best suited to its own requirements. In these various constitutions there are grada tions from the fullest democracy to the purest representative forms; but pure non-representa tive democracies have been adopted in the smaller cantons only, such forms of government being in fact impracticable except among small populations. The united chambers form the Federal Assembly, to which is confided the su preme government. The executive authority is deputed to a Federal Council (Bundesrath) of seven members, elected for three years by the Assembly, the president and vice-president of which are elected annually, and are the first magistrates of the republic. The Council sits at Bern, which is the headquarters of the federal administration. Though ranking only fourth in point of population, Bern owes its status as capital (since 1848) partly to its central position in the Swiss tableland and partly to the historical importance of the canton, which is itself a result of that position. The principles of the referendum and of the initi ative are in force. By the former, if a petition is presented by 30,000 citizens for the alteration or revocation of a measure passed by the legis lature, or eight cantons demand it, the law in question must be referred to the direct vote of the nation. The latter signifies the right of any 50,000 citizens to demand a direct pop ular vote on any constitutional question. The federal government alone can contract treaties or declare war; it also controls the army, postal system, finance and customs. The cantonal authorities have jurisdiction over civil and criminal law, justice, police, public works and schools. The president is elected annually and receives a salary of $2,700; he is usually suc ceeded by the vice-president, whose salary is $2,400, the same remuneration paid to the other five members of the Bundesrath. These seven officials act as ministers: (1) Foreign Affairs; (2) Interior; (3) Justice; Military; (S) Finance; (6) Agriculture and Industry; (7) Posts and Railroads. The 44 members of the State Council receive about four dollars per day, more or less, as stipulated by the cantons which elect and pay them. The 167 members of the National Council are paid from federal funds at the rate of four dollars for each day of attendance and an allowance for traveling ex penses. Clergymen are not eligible as deputies; every citizen over 21 has the vote and is eligible for election. The Swiss are keen politicians and go industriously to the polls for the elec tion of representatives and for the settlement of the numerous questions referred to their deci sion by direct vote. Out of 839,114 electors in 1912, no fewer than 529,000 recorded their votes in a referendum held that year on the new insurance law against sickness and accidents.

Under the operation of the federal con stitution the Swiss executive, unlike the British Cabinet, is not renewable all at once, but only gradually as the term of office of each member comes to an end. Nor is it dependent for its existence (and this is a highly important point) on the vote of a majority in the Federal Assembly. Yet the Swiss executive, like the British Cabinet, but unlike the American Cabi net, has the right and duty of initiating legis lation; but if a measure introduced by it, or having its support, is rejected by the Assembly, that measure merely disappears for the time being. Nothing else happens. There is no

political crisis and no general election. A Swiss election causes no uproar. It has be come the habit of the Assembly to elect mem bers of the Federal Council to the presidency in the order of their on the Council, and for years past Swiss presidents have suc ceeded each other as noiselessly and as surely as if they followed each other by right of heredity. With some difference, the State Council is obviously modeled on the United States Senate, but has not the power of rati fying treaties. By means of the referendum the whole body of the electors throughout the country acts as a check upon the elected representatives in the Federal Assembly, and the electors can, by means of the initiative, if neces sary also act as a spur. Swiss representatives have far greater freedom of ,action than those in other countries bearing a party label. They are not bound to any party and may speak and vote like free men, since the rejection of government measure entails no political crisis nor an election, as would be the case else where. In America, where the executive is not dependent for its existence on a vote of a majority, party feeling is nevertheless as pre dominant as in England: the loyal party man hopes to receive his reward in the shape of some office for himself or patronage for the benefit of friends. All such considerations are entirely absent in Switzerland, where, although party names and organizations have not alto gether disappeared, their meaning and im portance are negligible, and no organization, however influential and wealthy, can control politics. The referendum and initiative have broken political despotism and party govern ment in Switzerland.

Local government is entirely in the hands of the cantonal authorities. In some of the smaller cantons there is no special administra tive machinery; all the male citizens assemble in the open air at stated periods and trans act the public business. These assemblies are called Landesgemeinde. The administrations differ in the larger cantons and are carried on by popularly elected representatives; in most of them the referendum exists, while some have also the popular initiative.

Judicial System.— The Federal Tribunal or Bundes-Gericht is stationed in Lausanne and is composed of 24 members with nine supple mentary judges appointed by the Federal As sembly. Their term is six years, and they max be re-elected. The president and vice-presi dent hold office for two years and are not eligible for re-election to those posts. The president is paid $3,200 annually; the others $3,000. Divided into three divisions, the tri bunal has final jurisdiction in all national suits; private suits in cases where the value in dis pute is not less than $600, and in appeal cases involving not less than the same amount. National suits are such in which constitutional or legislative matters are concerned, inter cantonal disputes, or appeal against the deci sions of federal authorities. It tries treason able offenses against the confederation, the jury being popularly elected and paid two dollars a day. For ordinary civil and criminal cases each canton has its own judicial system. Capi tal punishment was abolished in Switzerland by the new constitution of 1874, but since 1879 several cantons have reintroduced the death penalty, which now exists in the 10 cantons of Appenzell-Inner-Rhoden, Fribourg, Lucerne, Obwalden, Schaffhausen, Schwyz, Saint Gall, Uri, Wallis and Zug. Nevertheless, capital punishment is not referred to in the Swiss penal code.

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