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Direct Legislation by the Citizenship Through the Initiative and Referendum · J. W. Sullivan — chapter 4 of 18 · ~2,695 words · public domain

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The Political Status in Switzerland.

An impressive fact in Swiss politics to-day is its peace. Especially is this true of the contents and tone of the press. In Italy and Austria, on the south and east, the newspapers are comparatively few, mostly feeble, and in general subservient to party or government; in Germany, on the north, where State Socialism is strong, the radical press is at times turbulent and the government journals reflect the despotism they uphold; in France, on the west and southwest, the public writers are ever busy over the successive unstable central administrations at Paris, which exercise a bureaucratic direction of every commune in the land. In all these countries, men rather than measures are the objects of discussion, an immediate important campaign question inevitably being whether, when once in office, candidates may make good their ante-election promises. Thus, on all sides, over the border from Switzerland, political turmoil, with its rancor, personalities, false reports, hatreds, and corruptions, is endless. But in Switzerland, debate uniformly bears not on men but on measures. The reasons are plain. Where the veto is possessed by the people, in vain may rogues go to the legislature. With few or no party spoils, attention to public business, and not to patronage or private privilege, is profitable to office holders as well as to the political press.

In the number of newspapers proportionate to population, Switzerland stands with the United States at the head of the statistical list for the world. In their general character, Swiss political journals are higher than American. They are little tempted to knife reputations, to start false campaign issues, to inflame partisan feeling; for every prospective cantonal measure undergoes sober popular discussion the year round, with the certain vote of the citizenship in view in the cantons having the Landsgemeinde or the obligatory Referendum, and a possible vote in most of the other cantons, while federal measures also may be met with the federal optional Referendum.

The purity and peacefulness of Swiss press and politics are due to the national development of today as expressed in appropriate institutions. Of these institutions the most effective, the fundamental, is direct legislation, accompanied as it is with general education. In education the Swiss are preeminent among nations. Illiteracy is at a lower percentage than in any other country; primary instruction is free and compulsory in all the cantons; and that the higher education is general is shown in the four universities, employing three hundred instructors.

An enlightened people, employing the ballot freely, directly, and in consequence effectively--this is the true sovereign governing power in Switzerland. As to what, in general terms, have been the effects of this power on the public welfare, as to how the Swiss themselves feel toward their government, and as to what are the opinions of foreign observers on the recent changes through the Initiative and Referendum, some testimony may at this point be offered.

In the present year, Mr. W.D. McCrackan has published in the "Arena" of Boston his observations of Swiss politics. He found, he says, the effects of the Referendum to be admirable. Jobbery and extravagance are unknown, and politics, as there is no money in it, has ceased to be a trade. The men elected to office are taken from the ranks of the citizens, and are chosen because of their fitness for the work. The people take an intelligent interest in every kind of local and federal legislation, and have a full sense of their political responsibility. The mass of useless or evil laws which legislatures in other countries are constantly passing with little consideration, and which have constantly to be repealed, are in Switzerland not passed at all.

In a study of the direct legislation of Switzerland, the "Westminster Review," February, 1888, passed this opinion: "The bulk of the people move more slowly than their representatives, are more cautious in adopting new and trying legislative experiments, and have a tendency to reject propositions submitted to them for the first time." Further: "The issue which is presented to the sovereign people is invariably and necessarily reduced to its simplest expression, and so placed before them as to be capable of an affirmative or negative answer. In practice, therefore, the discussion of details is left to the representative assemblies, while the people express approval or disapproval of the general principle or policy embraced in the proposed measure. Public attention being confined to the issue, leaders are nothing. The collective wisdom judges of merits."

A.V. Dicey, the critic of constitutions, writes in the "Nation," October 8, 1885: "The Referendum must be considered, on the whole, a conservative arrangement. It tends at once to hinder rapid change and also to get rid of that inflexibility or immutability which, in the eyes of Englishmen at least, is a defect in the constitution of the United States."

A Swiss radical has written me as follows: "The development given to education during the last quarter of a century will have without doubt as a consequence an improved judgment on the part of a large number of electors. The press also has a role more preponderant than formerly. Everybody reads. Certainly the ruling classes profit largely by the power of the printing press, but with the electors who have received some instruction the capitalist newspapers are taken with due allowance for their sincerity. Their opinion is not accepted without inquiry. We see a rapid development of ideas, if not completely new, at least renewed and more widespread. More or less radical reviews and periodicals, in large number, are not without influence, and their appearance proves that great changes are imminent."

Professor Dicey has contrasted the Referendum with the plebiscite: "The Referendum looks at first sight like a French plebiscite, but no two institutions can be marked by more essential differences. The plebiscite is a revolutionary or at least abnormal proceeding. It is not preceded by debate. The form and nature of the questions to be submitted to the nation are chosen and settled by the men in power, and Frenchmen are asked whether they will or will not accept a given policy. Rarely, indeed, when it has been taken, has the voting itself been full or fair. Deliberation and discussion are the requisite conditions for rational decision. Where effective opposition is an impossibility, nominal assent is an unmeaning compliment. These essential characteristics, the lack of which deprives a French plebiscite, of all moral significance, are the undoubted properties of the Swiss Referendum."

In the "Revue des Deux Mondes," Paris, August, 1891, Louis Wuarin, an interested observer of Swiss politics for many years, writes: "A people may indicate its will, not from a distance, but near at hand, always superintending the work of its agents, watching them, stopping them if there is reason for so doing, constraining them, in a word, to carry out the people's will in both legislative and administrative affairs. In this form of government the representative system is reduced to a minimum. The deliberative bodies resemble simple committees charged with preparing work for an elected assembly, and here the elected assembly is replaced by the people. This sovereign action in person in the transaction of public business may extend more or less widely; it may be limited to the State, or it may be extended to the province also, and even to the town. To whatever extent this supervision of the people may go, one thing may certainly be expected, which is that the supervision will become closer and closer as time goes on. It never has been known that citizens gave up willingly and deliberately rights acquired, and the natural tendency of citizens is to increase their privileges. Switzerland is an example of this type of democratic government.... There is some reason for regarding parliamentary government--at least under its classic and orthodox form of rivalry between two parties, who watch each other closely, in order to profit by the faults of their adversaries, who dispute with each other for power without the interests of the country, in the ardor of the encounter, being always considered--as a transitory form in the evolution of democracy."

The spirit of the Swiss law and its relation to the liberty of the individual are shown in passages of the cantonal and federal constitutions. That of Uri declares: "Whatever the Landsgemeinde, within the limits of its competence, ordains, is law of the land, and as such shall be obeyed," but: "The guiding principle of the Landsgemeinde shall be justice and the welfare of the fatherland, not willfulness nor the power of the strongest." That of Zurich: "The people exercise the lawmaking power, with the assistance of the state legislature." That of the Confederation: "All the Swiss people are equal before the law. There are in Switzerland no subjects, nor privileges of place, birth, persons, or families."

In these general notes and quotations is sketched in broad lines the political environment of the Swiss citizen of to-day. The social mind with which he stands in contact is politically developed, is bent on justice, is accustomed to look for safe results from the people's laws, is at present more than ever inclined to trust direct legislation, and, on the whole, is in a state of calmness, soberness, tolerance, and political self-discipline.

The machinery of public stewardship, subject to popular guidance, may now be traced, beginning with the most simple form.

Organization of the Commune.

The common necessities of a Swiss neighborhood, such as establishing and maintaining local roads, police, and schools, and administering its common wealth, bring its citizens together in democratic assemblages. These are of different forms.

One form of such assemblage, the basis of the superstructure of government, is the political communal meeting. "In it take place the elections, federal, state, and local; it is the local unit of state government and the residuary legatee of all powers not granted to other authorities. Its procedure is ample and highly democratic. It meets either at the call of an executive council of its own election, or in pursuance of adjournment, and, as a rule, on a Sunday or holiday. Its presiding officer is sometimes the maire, sometimes a special chairman. Care is taken that only voters shall sit in the body of the assembly, it being a rule in Zurich that the register of citizens shall lie on the desk for inspection. Tellers are appointed by vote and must be persons who do not belong to the village council, since that is the local cabinet which proposes measures for consideration. Any member of the assembly may offer motions or amendments, but usually they are brought forward by the town council, or at least referred to that body before being voted upon." The officials of the commune chosen in the communal meeting, are one chief executive (who in French communes usually has two assistants), a communal council, which legislates on the lesser matters coming up between communal meetings, and such minor officials as are not left to the choice of the council.

A second form of neighborhood assemblage is one composed only of those citizens who have rights in the communal corporate domains and funds, these rights being either inherited or acquired (sometimes by purchase) after a term of purely political citizenship.

A third form is the parish meeting, at which gather the members of the same faith in the commune, or of even a smaller church district. The Protestant, the Catholic, and the Jewish are recognized as State religions--the Protestant alone in some cantons, the Catholic in others, both in several, and both with the Jewish in others.

A fourth form of local assembly is that of the school district, usually a subdivision of a commune. It elects a board of education, votes taxes to defray school expenses, supervises educational matters, and in some districts elects teachers.

Dividing the commune thus into voting groups, each with its appropriate purpose, makes for justice. He who has a share in the communal public wealth (forests, pastoral and agricultural lands, and perhaps funds), is not endangered in this property through the votes of non-participant newcomers. Nor are educational affairs mixed with general politics. And, though State and religion are not yet severed, each form of belief is largely left to itself; in some cantons provision is made that a citizen's taxes shall not go toward the support of a religion to which he is opposed.

Organization of Canton and Confederation.

In no canton in Switzerland is there more than one legislative body: in none is there a senate. The cities of Switzerland have no mayor, the cantons have no governor, and, if the title be used in the American sense, the republic has no President. Instead of the usual single executive head, the Swiss employ an executive council. Hence, in every canton a deadlock in legislation is impossible, the way is open for all law demanded by a majority, and neither in canton nor Confederation is one-man power known.

The cantonal legislature is the Grand Council. "In the Landsgemeinde cantons and those having the obligatory Referendum, it is little more than a supervisory committee, preparing measures for the vote of the citizens and acting as a check on the cantonal executive council. In the remaining cantons (those having the optional Referendum), the legislature has the power to spend money below a specified limit; to enact laws of specified kinds, usually not of general application; and to elect the more important officials, the amount of discretion [in the different cantons] rising gradually till the complete representative government is reached" in Freiburg, which resembles one of our states. Though in several cantons the Grand Council meets every two months for a few days' session, in most of the cantons it meets twice a year. The pay of members ranges from sixty cents to $1.20 per day. The legislative bodies are large; the ratio in five cantons is one legislator to every 1,000 inhabitants; in twelve it ranges from one to 187 up to one to 800, and in the remaining five from one to 1,000 to one to 2,000. The Landsgemeinde cantons usually have fifty to sixty members; Geneva, with 20,000 voters, has a hundred.

In six of the twenty-two cantons, if a certain number of voters petition for it, the question must be submitted to the people whether or not the legislature shall be recalled and a new one elected.

The formation of the Swiss Federal Assembly (congress), established in 1848, was influenced by the make-up of the American congress. The lower house is elected by districts, as in the United States, the basis of representation being one member to 20,000 inhabitants, and the number of members 147. The term for this house is three years; the pay, four dollars a day, during session, and mileage. The upper house, the Council of States (senate), the only body of the kind in Switzerland, is composed of two members from each canton. Cantonal law governing their election, the tenure of their office is not the same: in some cantons they are elected by the people, in others by the legislature; their pay varies; their term of office ranges from one to three years. Their brief terms and the fact that their more important functions, such as the election of the federal executive council, take place in joint session with the second chamber, render the members of the "upper" house of less weight in national affairs than those of the "lower."

Swiss Executives.

The executive councils of the cities, the cantons, and the Confederation are all of one form. They are committees, composed of members of equal rank. The number of members varies. Of cantonal executive councilors, there are seven in eleven of the cantons, three, five, and nine in others, and eleven in one. In addition to carrying out the law, the executive council usually assists somewhat in legislation, the members not only introducing but speaking upon measures in the legislative body with which they are associated, without, however, having a vote. In about half the cantons, the cantonal executive councils are elected by the people; in the rest by the legislative body.

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