Chapter Xxv (p. 460)

THE GOVERNMENT AND PARTIES OF AUSTRIA

I. THE CONSTITUTION

*509. Texts.*--The fundamental law of the Austrian Empire, in so far as it has been reduced to writing, exists in the form of a series of diplomas, patents, and statutes covering, in all, a period of some two hundred years. Of these instruments the most important are: (1) the Pragmatic Sanction of the Emperor Charles VI., promulgated originally April 19, 1713, and in final form in 1724, by which is regulated the succession to the throne; (2) the Pragmatic Patent of the Emperor Francis II., August 1, 1804, in accordance with which the sovereign bears in Austria the Imperial title; (3) the diploma of the Emperor Francis Joseph I., October 20, 1860, by which was introduced in the Empire the principle of constitutional government; (4) the patent of Francis Joseph, February 26, 1861, by which was regulated in detail the nature of this government; and (5) a series of five fundamental laws (Staatsgrundgesetze), all bearing the date December 21, 1867, and comprising a thoroughgoing revision and extension of the patent of 1861. In a narrower sense, indeed, the constitution may be said to consist of these five documents, all of which were sanctioned by the crown as a portion of the same general settlement by which the arrangements comprehended in the Ausgleich were effected. Of them, one, in twenty articles, is essentially a bill of rights; a second, in twenty-four sections, is concerned with Imperial representation; a third, in six articles, provides for the establishment of the Reichsgericht, or Imperial court; a fourth, in fifteen articles, covers the subject of the judiciary; and the fifth, in twelve articles, deals with the exercise of administrative and executive powers.

*510. The Style of Government.*--Under the provisions of these instruments Austria is constituted a limited monarchy, with a responsible ministry, a bicameral legislative body, and a considerable (p. 461) measure of local self-government. For the exercise, upon occasion, of essentially autocratic power, however, the way was left open through the famous Section 13 of the patent of 1861, become Section 14 of the Law concerning Imperial Representation of 1867. Around no portion of the constitution has controversy raged more fiercely during the past generation. The article reads: "If urgent circumstances should render necessary some measure constitutionally requiring the consent of the Reichsrath, when that body is not in session, such measure may be taken by Imperial ordinance, issued under the collective responsibility of the ministry, provided it makes no alteration of the fundamental law, imposes no lasting burden upon the public treasury, and alienates none of the domain of the state. Such ordinances shall have provisionally the force of law, if they are signed by all of the ministers, and shall be published with an express reference to this provision of the fundamental law. The legal force of such an ordinance shall cease if the Government neglects to present it for the approval of the Reichsrath at its next succeeding session, and indeed first to the House of Representatives, within four weeks of its convention, or if one of the houses refuses its approval thereto." The prolonged exercise of autocratic power might seem here to be sufficiently guarded against, but in point of fact, as was demonstrated by the history of the notable parliamentary deadlock of 1897--1904, the government can be, and has been, made to run year after year upon virtually the sole basis of the article mentioned. It is only fair to add, however, that, but for some such practical resource at the disposal of the executive, constitutional government might long since have been broken down completely by the recurrent obstructive tactics of the warring nationalities.

*511. Amendment.*--The constitution promulgated March 4, 1849, made provision for a definite process of amendment. Upon declaration by the legislative power that any particular portion of the fundamental law stood in need of revision, the chambers were to be dissolved and newly elected ones were to take under consideration the proposed amendment, adopting it if a two-thirds majority could be obtained in each house. Upon all such proposals the veto of the Emperor, however, was absolute. Neither the diploma of October 20, 1860, nor the patent of February 26, 1861, contained any stipulation upon the subject, nor did any one of the fundamental laws of 1867 as originally adopted. By act of April 2, 1873, however, passed at the time when the lower house (p. 462) of the Reichsrath was being converted into an assembly directly representative of the people, the Law concerning Imperial Representation was so modified as to be made to include a specific stipulation with respect to constitutional amendment in general. Under the terms of this enactment all portions of the written constitution are subject to amendment at the hand of the Reichsrath. As in European countries generally, no essential differentiation of powers that are constituent from those that are legislative is attempted. The process of revision is made even easier than that prescribed by the ill-fated instrument of 1849. It differs in no respect from that of ordinary legislation save that proposed amendments require a two-thirds vote in each of the chambers instead of a simple majority. Since 1873 there have been adopted several amendments, of which the most notable were those of 1896 and 1907 relative to the election of representatives.

*512. The Rights of Citizens.*--For all natives of the various kingdoms and countries represented in the Reichsrath there exists a common right of Austrian citizenship. The complicated conditions under which citizenship may be obtained, exercised, and forfeited are prescribed in legislative enactments of various dates. One of the five fundamental laws of 1867, however, covers at some length the general rights of citizens, and certain of its provisions are worthy of mention. All citizens, it is declared, are equal before the law. Public office is open equally to all. Freedom of passage of persons and property, within the territory of the state, is absolutely guaranteed, as is both liberty of person and inviolability of property. Every one is declared free to choose his occupation and to prepare himself for it in such place and manner as he may desire. The right of petition is recognized; likewise, under legal regulation, that of assemblage and of the formation of associations. Freedom of speech and of the press, under legal regulation, and liberty of religion and of conscience are guaranteed to all. Science and its teaching is declared free. One has but to recall the repression of individual liberty and initiative by which the era of Metternich was characterized to understand why, with the liberalizing of the Austrian state under the constitution of 1867, it should have been deemed essential to put into the fundamental law these and similar guarantees of personal right and privilege.

II. THE CROWN AND THE MINISTRY (p. 463)

*513. The Emperor's Status.*--The sovereign authority of the Empire is vested in the Emperor. Duties are assigned to the ministers, and privileges are granted to the legislative bodies; but all powers not expressly conferred elsewhere remain with the Emperor as supreme head of the state. The Imperial office is hereditary in the male line of the house of Hapsburg-Lothringen, and the rules governing the succession are substantially those which were laid down originally in the Pragmatic Sanction of 1713 promulgated by the Emperor Charles VI. to render possible the succession of his daughter Maria Theresa. Females may inherit, but only in the event of the failure of male heirs. By the abdication of the direct heir, the throne may pass to a member of the royal family who stands farther removed, as it did in 1848 when the present Emperor was established on the throne while his father was yet living. By reason of the unusual prolongation of the reign of Francis Joseph, there has been no opportunity in sixty years to put to a test the rules by which the inheritance is regulated. Since the death of the Crown Prince Rudolph the heir-presumptive has been the Archduke Francis Ferdinand, son of the Archduke Charles Louis, and nephew of the ruling Emperor. It is required that the sovereign be a member of the Roman Catholic Church.

*514. His Powers.*--By fundamental law it is declared that the Emperor is "sacred, inviolable, and irresponsible." His powers of government are exercised largely, however, through ministers who are at least nominally responsible to the Reichsrath, and through officers and agents subordinate to them. Most important among the powers expressly conferred upon the Emperor, and indirectly exercised by him, are: (1) the appointment and dismissal of ministers; (2) the naming of all public officials whose appointment is not otherwise by law provided for; (3) supreme command of the armed forces, with the power of (p. 464) declaring war and concluding peace; (4) the conferring of titles, orders, and other public distinctions, including the appointment of life peers; (5) the granting of pardons and of amnesty; (6) the summoning, adjourning, and dissolving of the various legislative bodies; (7) the issuing of ordinances with the provisional force of law, and (8) the concluding of treaties, with the limitation that the consent of the Reichsrath is essential to the validity of treaties of commerce and political treaties which impose obligations upon the Empire, upon any part thereof, or upon any of its citizens. Further than this, the right to coin money is exercised under the authority of the Emperor; and the laws are promulgated, and all judicial power is exercised, in his name. Before assuming the throne, the Emperor is required to take a solemn oath in the presence of the two houses of the Reichsrath "to maintain inviolable the fundamental laws of the kingdoms and countries represented in the Reichsrath, and to govern in conformity with them, and in conformity with the laws in general." The present Emperor-King has a civil list of 22,600,000 crowns, half of which is derived from the revenues of Austria and half from those of Hungary. The Imperial residence in Vienna, the Hofburg, has been the seat of the princes of Austria since the thirteenth century.

*515. The Ministers: Responsibility.*--The Austrian ministry comprises portfolios as follows: Finance, the Interior, Railways, National Defense, Agriculture, Justice, Commerce, Labor, and Instruction and Worship. Three important departments--those of War, Finance, and Foreign Affairs and the Imperial and Royal House--are maintained by the affiliated monarchies in common. And there are usually from one to four ministerial representatives of leading racial elements without portfolio, there being in the present cabinet one such minister for Galicia. All ministers are appointed and dismissed by the Emperor. Under the leadership of a president of the council or premier (without portfolio), they serve as the Emperor's councillors, execute his will, and administer the affairs of their respective branches of the public service. It is provided by fundamental law that they shall be responsible for the constitutionality and legality of governmental acts performed within the sphere of their powers. They are responsible to the two branches of the national parliament alike, and may be interpellated or impeached by either. For impeachment an (p. 465) elaborate procedure is prescribed, though thus far it has not proved of practical utility. Every law promulgated in the Emperor's name must bear the signature of a responsible minister, and several sorts of ordinances--such as those proclaiming a state of siege or suspending the constitutional rights of a citizen--require the concurrent signature of the entire ministry. Every minister possesses the right to sit and to speak in either chamber of the Reichsrath, where the policy of the Government may call for explanation or defense, and where there are at least occasional interpellations to be answered.

Nominally, the parliamentary system is in vogue, but at best it operates only indifferently. Supposedly responsible, collectively and individually, to the Reichsrath, the ministers are in practice far more dependent upon the Emperor than upon the chambers. In France the inability of political parties to coalesce into two great opposing groups largely defeats the best ends of the parliamentary system. In Austria the numerous and ineradicable racial divisions deflect the system further still from the lines upon which theoretically it should operate. No political group is sufficiently powerful to rule alone, and no working affiliation can long be made to subsist. The consequence is, not only that the Government can ordinarily play off one faction against another and secure pretty much its own way, but also that the responsibility of the ministers to the chambers is much less effective in practice than on paper it appears to be.

III. THE REICHSRATH--THE ELECTORAL SYSTEM

*516. The House of Lords.*--The Reichsrath consists of two chambers. The upper is known as the Herrenhaus, or House of Lords; the lower, as the Abgeordnetenhaus, or House of Representatives. The Herrenhaus consists of a somewhat variable number of men who sit in part by ex-officio right, in part by hereditary station, and in part by special Imperial appointment. At the close of 1910 there were in the chamber 266 members, distributed as follows: (1) princes of the Imperial family who are of age, 15; (2) nobles of high rank qualified by the possession of large estates and nominated to an hereditary seat by the Emperor, 74; (3) ecclesiastics--10 archbishops and 8 bishops--who are of princely title inherent in their episcopal seats, 18; and (4) persons nominated by the Emperor for life in recognition of special service rendered to the state or the Church, or unusual distinction (p. 466) attained in literature, art, or science, 159. By law of January 26, 1907, the number of members in the last-mentioned group may not exceed 170, nor be less than 150. Within these limits, the power of the Emperor to create life peers is absolute. The prerogative is one which has several times been exercised to facilitate the enactment of measures upon whose adoption the Government was determined. The president and vice-president of the chamber are appointed from its members by the Emperor at the beginning of each session; but the body chooses all of its remaining officers. The privileges and powers of the Herrenhaus are co-ordinate with those of the Abgeordnetenhaus, save that money bills and bills fixing the number of military recruits must be presented first in the lower chamber.

*517. The House of Representatives: Composition.*--The lower chamber, as constituted by fundamental law of 1867, was made up of 203 representatives, apportioned among the several provinces and elected by the provincial diets. The system worked poorly, and a law of 1868 authorized the voters of a province to elect the stipulated quota of representatives in the event that the Diet failed to do so. Still there was difficulty, arising largely from the racial rivalries in the provinces, and by an amendment of April 2, 1873, the right of election was vested exclusively in the enfranchised inhabitants of the Empire. The number of members was at the same time increased to 353, though without modifying the proportion of representatives of the various provinces. Further amendment, in 1896, brought up the membership to 425, where it remained until 1907, when it was raised to the present figure, 516.

*518. Early Electoral Arrangements: Law of 1873.*--The broadly democratic electoral system which prevails in the Austrian dominions to-day is a very recent creation. With the introduction of constitutionalism in 1867 the problem of the franchise became one of peculiar and increasing difficulty, and the process by which the Empire has been brought laboriously to its present condition of democracy has constituted one of the most tortuous chapters in recent political history. The conditions by which from the outset the problem was complicated were three in number: first, the large survival of self-assertiveness on the part of the various provinces among whom parliamentary representatives were to be distributed; second, the keenness of the ambitions of the several racial elements for parliamentary power; and third, the utter lack of experience and of traditions (p. 467) on the part of the Austrian peoples in the matter of democratic government.

When, in 1873, the right of electing deputies was withdrawn from the provincial diets it was conferred, without the establishment of a new electorate, upon those elements of the provincial populations which had been accustomed to take part in the election of the local diets. These were four in number: (1) the great landowners, comprising those who paid a certain land tax, varying in the several provinces from 50 to 250 florins ($20 to $100), and including women and corporations; (2) the cities, in which the franchise was extended to all males of twenty-four who paid a direct tax of ten gulden annually; (3) chambers of commerce and of industry; and (4) rural communes, in which the qualifications for voting were the same as in the cities. To each of these curiae, or classes, the law of 1873 assigned a number of parliamentary representatives, to be elected thereafter in each province directly by the voters of the respective classes, rather than indirectly through the diets. The number of voters in each class and the relative importance of the individual voter varied enormously. In 1890, in the class of landowners there was one deputy to every 63 voters; in the chambers of commerce, one to every 27; in the cities, one to every 2,918; and in the rural districts, one to every 11,600.

*519. The Taaffe Electoral Bill of 1893.*--During the period covered by the ministry of Count Taaffe (February, 1879, to October, 1893) there was growing demand, especially on the part of the Socialists, Young Czechs, German Nationalists, and other radical groups, for a new electoral law, and during the years 1893-1896 this issue quite overshadowed all others. In October, 1893, Taaffe brought forward a sweeping electoral measure which, if it had become law, would have transferred the bulk of political power to the working classes, at the same time reducing to impotence the preponderant German Liberal party. The measure did not provide for the general, equal, and direct suffrage for which the radicals were clamoring, and by which the number of voters would have been increased from 1,700,000 to 5,500,000. But it did contemplate the increase of the electorate to something like 4,000,000. This it proposed to accomplish by abolishing all property qualifications of voters in the cities and rural communes and by extending the voting privilege to all adult males who were able to read and write and who had resided in their electoral district a minimum of six months. To avoid the danger of an excess of democracy Taaffe planned to retain intact the curiae of landed proprietors and chambers of commerce, so that it would still be (p. 468) true that 5,402 large landholders would be represented in the lower house by 85 deputies, the chambers of commerce by 22, and the remainder of the nation--some 24,000,000 people--by 246. Impelled especially by fear of socialism, the Conservatives, the Poles, the German Liberals, and other elements opposed the project, and there never was any real chance of its adoption. By reason of its halfway character the Socialists, in congress at Vienna in March, 1894, condemned it as "an insult to the working classes." Even in Hungary (which country, of course, the measure did not immediately concern) there was apprehension, the ruling Magyars fearing that the adoption of even a partial universal suffrage system in the affiliated state would prompt a demand on the part of the numerically preponderant Slavic populations of Hungary for the same sort, of thing. Anticipating defeat, Taaffe resigned, in October, 1893, before the measure came to a vote.

*520. The Electoral Law of 1896.*--Under the Windischgraetz and Kielmansegg ministries which succeeded no progress was realized, but the cabinet of the Polish Count Badeni, constituted October 4, 1895, made electoral reform the principal item in its programme and succeeded in carrying through a measure which, indeed, was but a caricature of Taaffe's project, but which none the less marked a distinct stage of progress toward the broad-based franchise for which the radicals were clamoring. The Government's bill was laid before the Reichsrath, February 16, 1896, and was adopted unchanged within the space of two weeks. The general suffrage which the Socialists demanded was established, for the election, however, not of the 353 representatives already composing the lower chamber, but merely of a body of 72 new representatives to be added to the present membership. In the choice of these 72 additional members every male citizen twenty-four years of age who had resided in a given district as much as six months prior to an election was to be entitled to participate; but elections were to be direct only in those districts in which indirect voting had been abolished by provincial legislation. Votes were to be cast, as a rule, by ballot, though under some circumstances orally. All pre-existing classes of voters were left unchanged, and to them was simply added a fifth. The aggregate number of electors in the Empire was raised to 5,333,000. Of the number, however, the 1,732,000 comprised in the original four curiae were still to elect 353 of the 425 members of the chamber, with the further inequity that many of the persons who profited by the new arrangement were included already in one or another of the older classes, and hence were vested by it with a plural vote. Although, therefore, the voting privilege was now (p. 469) conferred upon millions of small taxpayers and non-taxpayers who never before had possessed it, the nation was still very far from a fair and democratic suffrage system.

*521. Renewed Agitation: the Universal Suffrage Law of 1907.*--Throughout the decade following 1896 electoral agitation was continuous and widespread, but not until 1905 did the situation become favorable for further reform. In September of the year mentioned Francis Joseph approved the proposal that universal suffrage be included in the programme of the Fejervary cabinet in Hungary, and the act was taken at once to mean that the sovereign had arrived at the conclusion that the democratizing of the franchise was inevitable in all of his dominions. In point of fact, by reason of the prolonged parliamentary crisis of late years at Vienna, the Emperor was fast arriving at precisely such a conclusion. Stimulated by current developments in Hungary and in Russia, the Austrian Socialists, late in 1905, entered upon a notable series of demonstrations, and, November 28, Premier Gautsch was moved to pledge the Government to introduce forthwith a franchise reform bill based upon the principle of universal suffrage. February 23, 1906, the promise was redeemed by the presentation in the Reichsrath of proposals for (1) the abolition of the system of electoral curiae, (2) the extension of an equal franchise to all males over twenty-four years of age and resident in their district a year, (3) the division of Austria racially into compartments so that each ethnic group might be protected against its rivals, and (4) the increase of the number of seats from 425 to 455, a fixed number to be allotted to each province, and in each province to each race, in accordance with numbers and taxpaying capacity.

The outlook for the bill in which these proposals were incorporated was at first not promising. The Social Democrats, the Christian Socialists, and the Young Czechs were favorable; the Poles were reserved in their attitude, but inclined to be hostile; practically all of the German Liberals were opposed; and the landed proprietors, long accustomed to dominate within the preponderant German element in the Reichsrath, were violently hostile. In April, 1906, while the bill was pending, the Gautsch ministry found itself without a parliamentary majority and was succeeded by a ministry made up by Prince Hohenlohe-Schillingsfuerst. This ministry lasted but six weeks, and June 2 the coalition cabinet of Baron Beck assumed office. Convinced that the establishment of universal and direct suffrage would afford the best means of stimulating loyalty to the dynasty, as well as the only practicable means of freeing the Government from parliamentary obstructionism, Emperor Francis Joseph accorded the Beck ministry his earnest support in its purpose to push to a conclusion the task of (p. 470) electoral reform. The effort attained fruition in the memorable Universal Suffrage Law passed by both houses of the Reichsrath in the closing days of 1906 and approved by the Emperor January 26 of the following year. The measure, which was in form an amendment of the fundamental law of December 21, 1867, concerning Imperial Representation, was opposed by the conservative and aristocratic members of both houses and by the extremer representatives of the various nationalities; but, like other portions of the constitutional system of the Empire, it may not be amended save by a two-thirds vote of both houses, and it is likely to endure through a considerable period unchanged.

*522. Racial and Geographical Distribution of Seats.*--In the course of the prolonged negotiations between the Government and representatives of the various nationalities by which the preparation of the law was attended there was worked out a fresh allotment of seats to the several racial groups of the Empire, in proportion, roughly, to taxpaying capacity. The total number of seats was raised from 425 to 516. Their distribution among the races, as compared with that formerly existing, was arranged as follows:

Before 1907 After 1907 Germans of all parties 205 233 Czechs 81 108 Poles 71 80 South Slavs (Slovenes, Croats, Serbs) 27 37 Ruthenes 11 34 Italians 18 19 Roumanians 5 5 --- --- 418 516

The striking feature of this readjustment is, of course, the increased number of seats assigned to the non-German nationalities. In proportion strictly to population, the Germans still possess a larger number of seats than that to which they are entitled. But the aggregate is only 233, while the aggregate of Slavic seats is 259. Even if the former German-Italian bloc were still effective it could control a total of only 257 votes; but, in point of fact, the Italians in the Reichsrath to-day are apt to act with the Slavs rather than with the Germans.

After decision had been reached regarding the distribution of seats in accordance with races it remained to effect a distribution geographically among the provinces of the Empire. To each of the several provinces was assigned an aggregate quota which, in turn, (p. 471) was distributed within the province among the racial groups represented in the provincial population. The allotment made, in comparison with that prevailing under the law of 1896, was as follows:

Before 1907 After 1907 Kingdom of Bohemia 110 130 Kingdom of Galicia and Lodomeria, with the grand-duchy of Cracow 78 106 Archduchy of Lower Austria 46 64 Margravate of Moravia 43 49 Duchy of Styria 27 30 Princely County of Tyrol 21 25 Archduchy of Upper Austria 20 22 Duchy of Upper and Lower Silesia 12 15 Duchy of Bukovina 11 14 Duchy of Carniola 11 12 Kingdom of Dalmatia 11 11 Duchy of Carinthia 10 10 Duchy of Salsburg 6 7 Margravate of Istria 5 6 Princely County of Goerz and Gradisca 5 6 City of Trieste and its territory 5 5 Territory of Vorarlberg 4 4 --- --- 425 516

*523. Electoral Qualifications and Procedure.*--By the law of 1907 the class system of voting was abolished entirely in national elections, and in its stead was established general, equal, and direct manhood suffrage. With insignificant exceptions, every male citizen who has attained the age of twenty-four, and who, at the time the election is ordered, has resided during at least one year in the commune in which the right to vote is to be exercised, is qualified to vote for a parliamentary representative. And any male thirty years of age, or over, who has been during at least three years a citizen, and who is possessed of the franchise, is eligible to be chosen as a representative. Voting is by secret ballot, and an absolute majority of all votes cast is necessary for a choice. In default of such a majority there is a second ballot between the two candidates who at the first test received the largest number of votes. It is stipulated, further, that when so ordered by the provincial diet, voting shall be obligatory, under penalty of fine, and in the provinces of Lower Austria, Upper Austria, Silesia, Salsburg, Moravia, and Vorarlberg every elector is required by provincial regulation to appear at every parliamentary election in his district, and to present his ballot, the penalty for neglect (unless explained to the satisfaction of the proper magistrate) being a fine ranging from one to fifty crowns. In the House of Lords, where there was strong opposition to the (p. 472) principle of manhood suffrage, effort was made to introduce in the act of 1907 a provision for the conferring of a second vote upon all voters above the age of thirty-five. By the Emperor and ministry it was urged, however, that the injection of such a modification would wreck the measure, and when the lower chamber tacitly pledged itself to enact a law designed to prevent the "swamping" of the peers by Imperial appointment at the behest of a parliamentary majority, the plural voting project was abandoned.

So far as practicable, the electoral constituencies in the various provinces are arranged to preserve the distinction between urban and rural districts and to comprise racial groups that are essentially homogeneous. In regions, as Bohemia, where the population is especially mixed separate constituencies and registers are maintained for the electors of each nationality, and a man may vote on only the register of his own race and for a candidate of that race. Germans, thus, are obliged to vote for Germans, Czechs for Czechs, Poles for Poles; so that, while there may be a contest between a German Clerical and a German Liberal or between a Young Czech and a Radical Czech, there can be none between Germans and Czechs, or between Poles and Ruthenes. In general, each district returns but one representative. The 36 Galician districts, however, return two apiece. Each elector there, as elsewhere, votes for but one candidate, the device permitting the representation of minorities. The population comprising a constituency varies from 26,693 in Salsburg to 68,724 in Galicia. The average is 49,676.

*524. The Reichsrath: Sessions and Procedure.*--By the law of 1867 no limit was fixed for the period of service of the parliamentary representative. The life of the Reichsrath, and consequently the tenure of the individual deputy, was terminated only by a dissolution. Under provision of an amendment of April 2, 1873, however, members of the lower chamber are elected for a term of six years, at the expiration of which period, as also in the event of a dissolution, a new election must be held. Representatives are indefinitely eligible for re-election. Vacancies are filled by special elections, which may be held at any time, according to procedure specified by law. Representatives receive a stipend of 20 crowns for each day's attendance, with an allowance for travelling expenses.

The fundamental law prescribes that the Reichsrath shall be (p. 473) convened annually, "during the winter months when possible." The Emperor appoints the president and vice-president of the Herrenhaus, from among the members of the chamber, and for the period of a session. The Abgeordnetenhaus elects from its members its president and vice-president. Normally, the sessions of both houses are public, though upon request of the president, or of at least ten members, and by a decision taken behind closed doors, each house possesses the right, in exceptional instances, to exclude spectators. Projects of legislation may be submitted by the Government or by the individual members of the chambers. Measures pass by majority vote; but no act is valid unless at the time of its passage there are present in the lower house as many as 100 members, and in the upper house as many as 40. A curious provision touching the relations of the two houses is that if, on a question of appropriation or of the size of a military contingent, no agreement can be reached between the two houses after prolonged deliberation, the smallest figure approved by either house shall be regarded as voted. By decree of the Emperor the Reichsrath may at any time be adjourned, or the lower chamber dissolved. Ministers and chiefs of the central administration are entitled to take part in all deliberations, and to present their proposals personally or through representatives. Each house may, indeed, require a minister's attendance. Members of the chambers may not be held responsible for any vote cast; and for any utterances made by them they may be held responsible only by the house to which they belong. Unless actually apprehended in a criminal act, no member of either house may be arrested or proceeded against judicially during the continuance of a session, except by the consent of the chamber to which he belongs.

*525. The Reichsrath: Powers.*--The powers of the Reichsrath are, in general, those ordinarily belonging to a parliamentary body. According to fundamental law of 1867, they comprise all matters which relate to the rights, obligations, and interests of the provinces represented in the chambers, in so far as these matters are not required to be handled conjointly with the proper representatives of the Hungarian portion of the monarchy. The Reichsrath examines and ratifies or rejects commercial treaties, and likewise political treaties which place a fiscal burden on the Empire or any portion of it, impose (p. 474) obligations upon individual citizens, or involve any change of territorial status. It makes provision for the military and naval establishments. It enacts the budget and approves all taxes and duties. It regulates the monetary system, banking, trade, and communication. It legislates on citizenship, public health, individual rights, education, criminal justice and police regulation, the duties and interrelations of the provinces, and a wide variety of other things. It exercises the right of legalizing or annulling Imperial ordinances which, under urgent circumstances, may be promulgated by the Emperor with the provisional force of law when the chambers are not in session. Such ordinances may not introduce any alteration in the fundamental law, impose any lasting burden upon the treasury, or alienate territory. They must be issued, if issued at all, under the signature of all of the ministers, and they lose their legal force if the Government does not lay them before the lower chamber within the first four weeks of its next ensuing session, or if either of the two houses refuses its assent thereto. Each of the houses may interpellate the ministers upon all matters within the scope of their powers, may investigate the administrative acts of the Government, demand information from the ministers concerning petitions presented to the houses, may appoint commissions, to which the ministers must give all necessary information, and may give expression to its views in the form of addresses or resolutions. Any minister may be impeached by either house.

IV. POLITICAL PARTIES

*526. Racial Elements in the Empire.*--The key to the politics of Austria is afforded by the racial composition of the Empire's population. In our own day there is a tendency, in consequence of the spread of socialism and of other radical programmes which leap across racial and provincial lines, toward the rise of Austrian parties which shall be essentially inter-racial in their constituencies. Yet at the elections of 1907--the first held under the new electoral law--of the twenty-six party affiliations which succeeded in obtaining at least one parliamentary seat all save possibly two comprised either homogeneous racial groups or factions of such groups. Fundamentally, the racial question in Austria has always been that of German versus non-German. The original Austria was preponderantly German; the wealthiest, the best educated, the most widespread of the racial (p. 475) elements in the Empire to-day is the German; and by the Germans it has regularly been assumed that Austria is, and ought to be, essentially a German country. In this assumption the non-German populations of the Empire have at no time acquiesced; and while they have never been able to combine long or effectively against the dominating Germanic element, they have sought persistently, each in its own way, to compel a fuller recognition of their several interests and rights.

The nationalities represented within the Empire fall broadly into three great groups: the German, the Slavic, and the Latin. In an aggregate population of 26,107,304 in 1900 the Germans numbered 9,171,614, or somewhat more than 35 per cent; the Slavs, 15,690,000, or somewhat more than 60 per cent; and the Latins, 958,065, or approximately 3.7 per cent. The Germans, comprising the most numerous of the individual nationalities, occupy exclusively Upper Austria, Salsburg, and Vorarlberg, the larger portion of Lower Austria, north-western Carinthia, the north and center of Styria and Tyrol, and, in fact, are distributed much more generally over the entire Empire than is any one of the other racial elements. The Slavs are in two principal groups, the northern and the southern. The northern includes the Czechs and Slovaks, dwelling principally in Bohemia and Moravia, and numbering, in 1900, 5,955,397; the Poles, comprising a compact mass of 4,252,483 people in Galicia and Silesia; and the Ruthenes, numbering 3,381,570, in eastern Galicia and in Bukovina. The southern Slavic group includes the Slovenes, numbering 1,192,780, in Carniola, Goerz, Gradisca, Istria, and Styria, and the Servians and Croats, numbering 711,380, in Istria and Dalmatia. The peoples of Latin stock are the Italians and Ladini (727,102), in Tyrol, Goerz, Gradisca, Dalmatia, and Trieste, and the Roumanians (230,963) in Bukovina. Within many of the groups mentioned there is meager survival of political unity. There are German Clericals, German Progressives, German Radicals, German Agrarians; likewise Old Czechs, Young Czechs, Czech Realists, Czech Agrarians, Czech Clericals, and Czech Radicals. Austrian party history within the past fifty years comprises largely the story of the political contests among the several nationalities, and of the disintegration of these nationalities into a bewildering throng of clamorous party cliques.

*527. Centralists and Federalists.*--The more important of the party groups of to-day trace their origins to the formative period in recent Austro-Hungarian constitutional history, 1860-1867. During this period the fundamental issue in the Empire was the degree of centralization which it was desirable, or possible, to achieve in the reshaping (p. 476) of the governmental system. On the one hand were the centralists, who would have bound the loosely agglomerated kingdoms, duchies, and territories of the Empire into a consolidated state. On the other were the federalists, to whom centralization appeared dangerous, as well as unjust to the Empire's component nationalities. Speaking broadly, the Germans, supported by the Italians, comprised the party of centralization; the Slavs, that of federalism. The establishment of the constitution of 1867, as well as of the Compromise with Hungary in the same year, was the achievement of the centralists, and with the completion of this gigantic task there gradually took form a compactly organized political party, variously known as the National German party, the German Liberals, or the Constitutionalists, whose watchwords were the preservation of the constitution and the Germanization of the Empire. For a time this party maintained the upper hand completely, but its ascendancy was menaced not only by the disaffected forces of federalism but by the continued tenseness of the clerical question and, after 1869, by intestine conflict. As was perhaps inevitable, the party split into two branches, the one radical and the other moderate. During the earlier months of 1870 the Radicals, under Hasner, were in control; but in their handling of the vexatious Polish and Bohemian questions they failed completely and, April 4, they gave place to the Moderates under the premiership of the Polish Count Potocki. The new ministry sought to govern in a conciliatory spirit and with the support of all groups, but its success was meager. February 7, 1871, a cabinet which was essentially federalist was constituted under Count Hohenwart. Its decentralizing policies, however, were of such a character that the racial question gave promise of being settled by the utter disintegration of the Empire, and after eight months it was dismissed.

*528. Rule of the German Liberals, 1871-1879.*--With a cabinet presided over by Prince Adolf Auersperg the German Liberals then returned to power. Their tenure was prolonged to 1879 and might have been continued beyond that date but for the recurrence of factional strife within their ranks. The period was one in which some of the obstructionist groups, notably the Czechs, fell into division among themselves, so that the opposition which the Liberals were called upon to encounter was distinctly less effective than otherwise it might have been. At no time since 1867 had the Czechs consented to be represented in the Reichsrath, a body, indeed, which they had persisted in refusing to recognize as a legitimately constituted parliament of the Empire. During the early seventies a party of Young Czechs sprang up which advocated an abandonment of passive (p. 477) resistance and the substitution of parliamentary activity in behalf of the interests of the race. The Old Czechs were unprepared for such a shift of policy, and in 1873 they played directly into the hands of the Liberal government by refusing to participate in the consideration of the electoral reform by which the choice of representatives was taken from the provincial diets and vested in the four classes of provincial constituencies. For the carrying of this measure a two-thirds majority was required, and if the Czechs had been willing to vote at all upon it they might easily have compassed its defeat. As it was, the amendment was carried without difficulty. A tenure of power which not even the financial crisis of 1873 could break was, however, sacrificed through factional bickerings. Within both the ministry and the Reichsrath, the dominant party broke into three groups, and the upshot was the dissolution, February 6, 1879, of the ministry and the creation of a new one under the presidency of Count Taaffe, long identified with the Moderate element. Three months later the House of Representatives was dissolved. In the elections that followed the Liberals lost a total of forty-five seats, and therewith their position as the controlling party in both the Reichsrath and the nation. Taaffe retained the premiership, but his Liberal colleagues were replaced by Czechs, Poles, Clericals, and representatives indeed of pretty nearly all of the existing groups save the Germans.

*529. The Taaffe Ministry, 1879-1893.*--The prolonged ministry of Count Taaffe comprises the second period of Austrian parliamentary history. Of notably moderate temper, Taaffe had never been a party man of the usual sort, and he entered office with an honest purpose to administer the affairs of the nation without regard to considerations of party or of race. The establishment of his reconstituted ministry was signalized by the appearance of Czech deputies for the first time upon the floor of the national parliament. The Taaffe government found its support in what came to be known as the Right--a quasi-coalition of Poles, Czechs, Clericals, and the Slavic and conservative elements generally. It was opposed by the Left, comprising principally the German Liberals, In 1881 the various factions of the German party, impelled by the apprehension that German ascendancy might be lost forever, drew together again and entered upon a policy of opposition which was dictated purely and frankly by racial aspirations. (p. 478) Attempts to embarrass the Government by obstruction proved, however, only indifferently successful. In 1888 the party was once more reconstructed.

Among the diverse groups by which the Taaffe government was supported there was just one common interest, namely, the prevention of a return to power on the part of the German Liberals. Upon this preponderating consideration, and upon the otherwise divergent purposes of the Government groups, Taaffe built his system. Maintaining rigidly his determination to permit no radical alteration of the constitution, he none the less extended favors freely to the non-Germanic nationalities, and so contrived to prolong through nearly a decade and a half, by federalist support, an essentially centralist government. Government consisted largely, indeed, in perennial bargaining between the executive authorities on the one hand and the parliamentary groups on the other, and in the course of these bargainings it was ever the legislative chambers, not the Government, that lost ground. The bureaucracy increased its hold, the administrative organs waxed stronger, the power of the Emperor was magnified. The ministry became pre-eminently the ministry of the crown, and despite strictly observed constitutional forms the spirit of absolutism was largely rehabilitated.

*530. The German Recovery: Badeni, 1895-1897.*--To the eventual breakdown of the Taaffe regime various circumstances contributed. Two of principal importance were the defection of the Young Czechs and the failure of the several attempts to draw to the support of the Government the moderate German Liberals. At the elections of 1891 the Young Czechs obtained almost the entire quota of Bohemian seats, and at the same time the Liberals recovered enough ground to give them the position of the preponderant group numerically in the lower chamber. Neither of these two parties could be persuaded to accord the (p. 479) Government its support, and during 1891-1893 Taaffe labored vainly to recover a working coalition. Finally, in 1893, as a last resource, the Government resolved to undermine the opposition, especially German Liberalism, by the abolition of the property qualification for voting in the cities and rural communes. The nature of Taaffe's electoral reform bill of 1893 has been explained elsewhere, and likewise the reason for its rejection. Anticipating the defeat of the measure, the premier retired from office October 23, 1893.

The Germans now recovered, not their earlier power, but none the less a distinct measure of control. November 12 there was established, under Prince Windischgraetz a coalition ministry, comprising representatives of the German Liberals, the Poles, and the Clericals, and this cabinet was very successful until, in June, 1895, it was wrecked by the secession of the Liberals on a question of language reform in Styria. After four months, covered by the colorless ministry of Count Kielmansegg, Count Badeni became minister-president (October 4, 1895) and made up a cabinet, consisting largely of German Liberals, but bent upon an essentially non-partisan administration. The two tasks chiefly which devolved upon the Badeni ministry were the reform of the electoral system and the renewal of the decennial economic compromise with Hungary, to expire at the end of 1897. The first was accomplished, very ineffectively, through the electoral measure of 1896; the second, by reason of factional strife, was not accomplished at all.

*531. The Language Question: Parliamentary Deadlock.*--The elections of 1897 marked the utter dissolution of both the United German Left and the coalition which had borne the designation of the Right. Among the 200 Germans elected to the Chamber there were distinguishable no fewer than eight groups; and the number of groups represented in the aggregate membership of 425 was at least twenty-four. Of these the most powerful were the Young Czechs, with 60 seats, and the Poles, with 59. Profiting by the recently enacted electoral law, the Socialists at this point made their first appearance in the Reichsrath with a total of 14 seats. Taking the Chamber as a whole, there was a Slavo-Clerical majority, although not the two-thirds requisite for the enactment of constitutional amendments. The radical opponents of the Government were represented by the 51 German Liberals only. But no one of the Slavic groups was disposed to accord its support save in return for favors received. In the attempt to procure for itself a dependable majority the Badeni government succeeded but in creating confusion twice confounded. The Young Czechs, whose support appeared (p. 480) indispensable, stipulated as a positive condition of that support that Czech should be recognized as an official language in Bohemia and Moravia, and by ordinances of April-May, 1897, the Government took it upon itself to meet this condition. Within the provinces named the two languages, Czech and German, were placed, for official purposes upon a common footing. The only result, however, was to drive the Germans, already hostile, to a settled course of parliamentary obstruction, and before the year was out the Badeni cabinet was compelled to retire.

The Gautsch ministry which succeeded proposed to maintain the equality of the Czech and German tongues in Bohemia; wherefore the German Liberals persisted in their obstructionist policy and declared that they would continue to do so until the objectionable ordinances should have been rescinded. March 5, 1898, the Government promulgated a provisional decree in accordance with which in one portion of Bohemia the official tongue was to be Czech, in another German, and in the third the two together. But no one was satisfied and the ministry resigned. The coalition government of Count Thun Hohenstein which succeeded labored in the interest of conciliation, but with absolutely no success. Parliamentary sittings became but occasions for the display of obstructive tactics, and even for resort to violence, and legislation came to a standstill. By the use of every known device the turbulent German parties rendered impossible the passage of even the most necessary money bills, and the upshot was that, in the summer of 1898, the Government was obliged to fall back upon that extraordinary portion of the Austrian constitution, commonly known as Section 14, by which, in default of parliamentary legislation, the crown is authorized to promulgate ordinances with the force of law. The period of extra parliamentary government here inaugurated was destined to be extended through more than six years and to comprise one of the most remarkable chapters in recent political history.

*532. The Nadir of Parliamentarism.*--Following the retirement of the Thun Hohenstein ministry, at the end of September, 1899, the government of Count Clary-Aldingen revoked the language decrees; but the parliamentary situation was not improved, for the Czechs resorted forthwith to the same obstructionist tactics of which the Germans had been guilty and the government had still to be operated principally on the basis of Section 14. A provisional government under Dr. Wittek, at the close of 1899, was followed by the ministry of Dr. Koerber, established January 20, 1900; but all attempts at conciliation continued to be unavailing. In September, 1900, the Reichsrath was (p. 481) dissolved and the order for the new elections was accompanied by the ominous declaration of the Emperor that the present appeal to the nation would be the last constitutional means which would be employed to bring the crisis to an end. Amid widespread depression, threats of Hungarian independence, and rumors of an impending coup d'etat, the elections took place, in January, 1901. The German parties realized the largest gains, but the parliamentary situation was not materially altered, and thereafter, until its fall, December 31, 1904, the Koerber ministry continued to govern substantially without parliamentary assistance. In 1901-1902, by various promises, the premier induced the combatants to lay aside their animosities long enough to vote the yearly estimates, a military contingent, and certain much-needed economic reforms. But this was virtually the sole interruption of a six-year deadlock.

*533. Electoral Reform and the Elections of 1907.*--With the establishment of the second Gautsch ministry, December 31, 1904, a truce was declared and interest shifted to the carrying out of the Imperial programme of electoral reform. From the proposed liberalization of the suffrage many of the party groups were certain to profit and others had at least a chance of doing so; and thus it came about that the great electoral law of 1907 was carried through its various stages under parliamentary conditions which were substantially normal. Its progress was attended by the fall, in April, 1906, of the Gautsch ministry and, six weeks later, by that of its provisional successor. But by the coalition government of Baron Beck (June 2, 1906 to November 8, 1908) the project was pushed to a successful conclusion, and in its final form the law was approved by the Emperor, January 26, 1907.

The promulgation of the new electoral measure was followed, May 14, by a general election, the results of which may be tabulated as shown on the following page.

Each of the twenty-six groups here enumerated maintained at the time of the election an independent party organization, although in the Chamber the representatives of certain of them were accustomed to act in close co-operation. To the clericals and conservatives of all shades fell an aggregate of 230 seats; but among the various groups of this type there has never been sufficient coherence to permit the formation of a compact conservative party. Among the liberal and radical groups lack of coherence was, and remains, still more pronounced. The most striking feature of the election of 1907 was the gains made by the Social Democrats and the Christian Socialists, to be explained largely by the extension of the franchise to the non-taxpaying and small taxpaying population. (p. 482) Seats after Seats in election of previous 1907 Chamber

Social Democrats 90 11 Christian Socialists 67 26 German Clericals 29 29 German Progressives 23 60 German Radicals 24 46 German Agrarians 21 4 Independent Pan-Germans 8 7 Pan-Germans 3 15 Polish Club 54 66 Polish Radicals 16 0 Polish Independent Socialists 3 0 Ruthenes 28 9 Jewish Zionists 3 0 Young Czechs 19 47 Old Czechs 6 3 Czech Realists 2 0 Czech Agrarians 25 5 Czech Clericals 19 2 Czech Radicals 10 8 Slovene Clericals 22 19 Slovene Liberals 3 6 Italian Liberals 4 12 Italian Clericals 10 6 Croats 9 7 Serbs 2 0 Roumanians 5 4

*534. The Elections of 1911.*--The truce by which the election of 1907 was accompanied was not of long duration, and November 8, 1908, the ministry of Baron Beck was driven by German obstructionism to resign. After three months as provisional premier Baron von Bienerth, former Minister of the Interior, made up a cabinet which included representatives of a number of parties and which, despite occasional readjustments of portfolios, exhibited a fair measure of stability throughout upwards of two years. In December, 1910, the Czechs and Poles precipitated a cabinet crisis in consequence of which the ministry was reconstructed (January 9, 1911) in such a manner as to strengthen the Slavic and weaken the Germanic element. But the forces of opposition were not appeased, and as a last resort the Government determined upon a dissolution and an appeal to the country. The results, however, were by no means those which were desired. At the general elections, which took place June 13 and 20, the Christian Socialists, from whom the Government had drawn its most consistent support, were roundly beaten, and June 26 Baron von Bienerth and his colleagues resigned. The ministry thereupon made up was presided (p. 483) over by Baron Gautsch. It, however, endured only until October 31, when it was succeeded by that of Count Stuergkh.

The elections of 1911 were hotly contested. The 516 seats to be filled were sought by 2,987 candidates, representing no fewer than fifty-one parties and factions, and second ballotings were required in almost two-thirds of the constituencies. The Czechs returned with undiminished strength, and the German Radicals and Progressives realized substantial gains. The most notable feature, however, was the victory of the Social Democrats over the Christian Socialists, especially in the capital, where the quota of deputies of the one party was raised from ten to nineteen and that of the other was cut from twenty to four. The Christian Socialists, it must be observed, are not socialists in the ordinary meaning of the term. The party was founded by Dr. Lueger a few years ago in the hope that, despite the establishment of manhood suffrage in the Empire, the Social Democrats might yet be prevented from acquiring a primacy among the German parties. It is composed largely of clericals, and in tone and purpose it is essentially reactionary. By maintaining an active alliance with the German Clerical party it contrived to hold in check the Social Democracy throughout the larger portion of the period 1907-1911. But it was handicapped all the while by internal dissension, and the defeat which it suffered at the last elections has relegated it, at least for the time being, to a subordinate place.

V. THE JUDICIARY AND LOCAL GOVERNMENT

*535. General Principles: the Ordinary Tribunals.*--All judicial power in the Austrian Empire is exercised, and all judgments and sentences are executed, in the name of the Emperor. Judges are appointed for life, by the Emperor or in his name, and they may be removed from (p. 484) office only under circumstances specified by law and by virtue of a formal judicial sentence. On taking the oath of office all judicial officials are required to pledge themselves to an inviolable observance of the fundamental laws. The Law of December 21, 1867, concerning the Judicial Power withholds from the courts the power to pronounce upon the validity of statutes properly promulgated, though they may render judgment on the validity of Imperial ordinances involved in cases before them. With some exceptions, fixed by law, proceedings in both civil and criminal cases are required to be oral and public; and in all cases involving severe penalties, as well as in all actions arising from political crimes and misdemeanors and offenses committed by the press, the guilt or innocence of the accused must be determined by jury.

By the law of 1867 it is stipulated that there shall be maintained at Vienna a Supreme Court of Justice and Cassation (Oberste Gerichts-und Kassationshof) for all of the kingdoms and countries represented in the Reichsrath, and that the organization and jurisdiction of inferior courts shall be determined by law. Of inferior tribunals there have been established 9 higher provincial courts (Oberlandesgerichte), 74 provincial and district courts (Landes-und Kreisgerichte), and 96 county courts (Bezirksgerichte). The provincial and district courts and the county courts, together with a group of jury courts maintained in connection with the provincial and district tribunals, are courts of first instance; the higher provincial courts and the Supreme Court exercise a jurisdiction that is almost wholly appellate. There exist also special courts for commercial, industrial, military, fiscal, and other varieties of jurisdiction.

*536. The Imperial Court.*--In Austria, as in France and other continental countries, cases affecting administration and the administrative officials are withheld from the jurisdiction of the ordinary courts and are committed to special administrative tribunals. By law of 1867 provision was made for an Imperial Court (Reichsgericht), to exercise final decision in conflicts of jurisdiction between the two sets of courts and, in general, in all disputed questions of public law, after the manner of the Court of Conflicts in France. The Imperial Court was organized by law of April 18, 1869. It sits at Vienna, and it is composed of a president and deputy president, appointed by the Emperor for life, and of twelve members and four substitutes, also appointed for life by the Emperor upon nomination by the Reichsrath. It decides finally all conflicts of competence (p. 485) between the administrative and the ordinary judicial tribunals, between a provincial diet and the Imperial authorities, and between the independent public authorities of the several provinces of the Empire. Very important in a country so dominated by a bureaucracy as is Austria is the power which by fundamental law is vested in the Imperial Court to pass final verdict upon the merits of all complaints of citizens arising out of the alleged violation of political rights guaranteed to them by the constitution, after the matter shall have been made the subject of an administrative decision. The purpose involved is to afford the citizen who, believing himself deprived of his constitutional rights, has failed to obtain redress in the administrative courts, an opportunity to have his case reviewed by a tribunal constituted with special view to permanence, independence, and impartiality. High-handed administrative acts which are covered by statute, however, are beyond its reach, for, like all Austrian tribunals, it is forbidden to question the validity of a duly promulgated law.

*537. The Provincial Governments: Composition of the Diet.*--Each of the seventeen political divisions of the Empire has a government of its own, established on the basis of its Landesordnung, or provincial constitution. The executive, for affairs that are considered strictly divisional, consists of a provincial council, the Landesausschuss, composed of the president of the diet (nominated by the Emperor) as ex-officio chairman and from four to eight members variously elected within the province. Imperial interests are specially represented in the province, however, by a Statthalter, or Landespraesident, appointed by the crown, and independent of local control.

Functions of legislation are vested in a Landtag, or diet. The provincial diet of the modern type came into being under the operation of the Imperial diploma of October 20, 1860 (superseded by that of February 26, 1861), replacing the ancient assembly of estates which in most provinces had persisted until 1848. From 1860 onwards diets were established in one after another of the provinces, until eventually all were so equipped. Originally the diets were substantially uniform in respect to both composition and powers. Aside from certain ex-officio members, they were composed of deputies chosen for six years by four electoral curiae: the great proprietors, the chambers of commerce, the towns, and the rural communes; and, until 1873, one of their principal functions was the election of the provincial delegation in the lower house of the Reichsrath. Each of the seventeen provincial diets as to-day constituted consists of a single chamber, and in most instances the body is composed of (1) the archbishops (p. 486) and bishops of the Catholic and Orthodox Greek churches; (2) the rectors of universities, and, in Galicia, the rector of the technical high school of Lemberg and the president of the Academy of Sciences of Cracow; (3) the representatives of great estates, elected by all landowners paying land taxes of not less than 100, 200, 400, or 500 crowns, according to the provinces in which their estates are situated; (4) the representatives of towns, elected by citizens who possess municipal rights or pay a stipulated amount of direct taxes; (5) the representatives of boards of commerce and industry, chosen by the members of these bodies; and (6) representatives of the rural communes, elected in eight provinces directly, in the others indirectly, by deputies (Wahlmaenner) returned by all inhabitants who pay direct taxes to the amount of 8 crowns yearly. In a few of the provinces there is, besides these, a general electoral class composed of all qualified male subjects of the state over twenty-four years of age; and there are some other variations, as for example, in Moravia, where, by a law of November 27, 1905, the proportional system of representation was introduced. The diets vary in membership from 26 in Vorarlberg and 30 in Goerz and Gradisca to 151 in Moravia, 161 in Galicia, and 242 in Bohemia. The deputies are elected in all cases for a period of six years, and the diets assemble annually. But a session may be closed, and the diet may be dissolved, at any time by the presiding officer, under the direction of the Emperor.

*538. Functions of the Diet.*--The powers of the diets are not enumerated, but, rather, are residual. By fundamental law of 1867 it is stipulated that "all matters of legislation other than those expressly reserved to the Reichsrath by the present law belong within the power of the Provincial Diets of the kingdoms and countries represented in the Reichsrath and are constitutionally regulated by such Diets." In certain matters, naturally those of an (p. 487) essentially local character, the diet may act with absolute freedom, save that it is within the competence of the Emperor to veto any of its measures. In other matters, such as education and finance, which fall within the range of the Reichsrath's competence, the powers of the diet are limited and subsidiary. A policy very generally pursued has been that of formulating at Vienna general regulations for the entire Empire, leaving to the diets the task of devising legislation of a local and specific character for the execution of these regulations; though it can hardly be maintained that the results have been satisfactory. The diets are not infrequently radical, and even turbulent, bodies, and it has been deemed expedient ordinarily by the Imperial authorities to maintain a close watch upon their proceedings.

*539. The Commune.*--Throughout the Empire the vital unit of local government is the commune. As is true of the province, the commune is an administrative district, and one of its functions is that of serving as an agency of the central government in the conduct of public affairs. Fundamentally, however, the commune is an autonomous organism, rooted in local interest and tradition. As such, it exercises broad powers of community control. It makes provision for the safety of person and property, for the maintenance of the local peace, for the supervision of traffic, for elementary and secondary education, and for a variety of other local interests. Except in respect to affairs managed by the commune as agent of the Imperial government, the local authorities are exempt from discipline at the hand of their superiors, and, indeed, an eminent Austrian authority has gone so far as to maintain that the communes of Austria possess a larger independent competence than do the communes of any other European state.

Except in the case of some of the larger towns, which have special constitutions, the rural and urban communes of the Empire are organized upon the same pattern. The executive authority is vested in an elective committee, or council, presided over by a Vorsteher, or burgomaster, chosen from the members of the committee. The Vorsteher is not removable by the central authorities, and over his election they possess no control. In certain of the towns the place of the communal committee is taken by a corporation. In every commune there is an assembly (the Gemeindevertretung), the members of which are elected for three (in Galicia six) years by all resident citizens who are payers of a direct tax. For the purpose of electing assemblymen the voters are divided into three classes, very much as under the (p. 488) Prussian electoral system, and this arrangement, indeed, comprises virtually the only non-democratic aspect of the communal constitution. In Galicia, Styria, and Bohemia there exists also a district assembly, elected for three years (in Galicia six) and made up of representatives of great estates, the most highly taxed industries and trades, towns and markets, and rural communes. A committee of this body, known as the Bezirksausschuss, administers the affairs of the district.