Part 2 — CHAPTER XI

THE IMPERIAL GOVERNMENT: REICHSTAG, PARTIES, JUDICIARY

I. Composition of the Reichstag—Electoral System

In complete contrast with the Bundesrath, which is a purely federal institution, the Reichstag is broadly national. It represents, not the states, nor yet the people of the states, but the people of the Empire as a whole. From what has been said regarding the preponderance of the autocratic principle in the German system it follows that there is no room in that system for a parliamentary chamber of the nature of the British House of Commons or of the French Chamber of Deputies. None the less, restricted as are its functions, the Reichstag is one of the world's most vigorous and interesting legislative bodies.

II. Organization and Powers of the Reichstag

240. Abtheilungen and Committees.—At the opening of a session the entire membership of the Reichstag is divided by lot into seven Abtheilungen, or bureaus, as nearly equal as it is possible to make them. The bureaus of the French Chamber of Deputies are reconstituted once a month, and those of the Italian once in two months, but those of the Reichstag are maintained unchanged throughout a session, unless upon motion of as many as thirty members the body decides upon a fresh distribution. The functions of the bureaus comprise, in the main, the passing upon the credentials of members of the chamber and the designating of members of committees. There is in the Reichstag but one standing committee—that on elections. It is perpetuated throughout a session. All other committees are made up, as occasion requires, by the appointment by ballot of an equal number of members by each of the seven bureaus; although, in point of fact, the preparation of committee lists falls largely to the party leaders of the chamber. The function of committees is the preliminary consideration of measures and the reporting of them and of evidence relating to them, to the chamber, Bills are not, however, in all cases referred to committees.

241. Methods of Business.—Measures proposed for enactment pass through the three readings which have come to be customary among modern legislative assemblies. Debate is carried on under regulations closely resembling those which prevail in the British House of Commons and distinctly less restrictive than those in vogue in the French Chamber of Deputies. Members of the Bundesrath, to whom is assigned a special bench, possess the right to appear and to speak at pleasure. Debaters address the chamber from the tribune or from their seats as they choose, and they speak whenever they can secure the recognition of the presiding official, not, as in France, in the hard and fast order indicated by a previously prepared written list. Like the Speaker of the House of Commons, the president of the Reichstag is a strictly non-partisan moderator. A fixed tradition of the office is that during debate the chair shall recognize alternately the supporters and the opponents of the measure under consideration. As a general rule, closure of debate may be ordered upon the initiative of thirty members.

III. The Rise of Political Parties

In Germany, as in continental countries generally, the number of political groups is legion. Many are too small and unstable to be entitled properly to the designation of parties; and, in truth, of even the larger ones none has ever become so formidable numerically as to acquire a majority in the popular chamber. For the enactment of measures the Government is obliged to rely always upon some sort of coalition, or, at best, upon the members of a group which for the time being holds the balance between two opposing alignments.

244. Rise and Preponderance of the National Liberals.—Similarly among the Progressives there was division upon the attitude to be assumed toward the Bismarckian programme. The more radical wing of the party, i.e., that which maintained the name and the policies of the original Fortschritt, refused to abandon its opposition to militarism and monarchism, opposed the constitution of 1867 for its illiberality, and withheld from Bismarck's government all substantial support. The larger portion of the party members, however were willing to subordinate for a time to Bismarck's nationalizing projects the contest which the united Fortschritt had long been waging in behalf of constitutionalism. The party of no compromise was strongest in Berlin and the towns of east Prussia. It was almost exclusively Prussian. The National Liberals, on the contrary, became early an essentially German, rather than simply a Prussian, party. Even before 1871 they comprised, in point both of numbers and of power, the preponderating party in both Prussia and the Confederation as a whole; and after 1871, when the Nationalists of the southern states cast in their lot with the National Liberals, the predominance of that party was effectually assured. Upon the National Liberals as the party of unity and uniformity Bismarck relied absolutely for support in the upbuilding of the Empire. It was only in 1878, after the party had lost control of the Reichstag, in consequence of the reaction against Liberalism attending the great religious contest known as the Kulturkampf, that the Chancellor was in a position to throw off the not infrequently galling bonds of the Liberal alliance.

245. The Newer Groups: the Centre.—Meanwhile the field occupied by the various parties that have been named was, from an early date, cut into by an increasing number of newly organized parties and groups. Most important among these were the Clericals, or Centre, and the Social Democrats. The origins of the Centre may be traced to the project which was formulated in December, 1870, to found a new party, a party which should be essentially Catholic, and which should have for its purpose the defense of society against radicalism, of the states against the central government, and of the schools against secularization. A favorite saying of the founders was that "at the birth of the Empire Justice was not present." The party, gaining strength first in the Rhenish and Polish provinces of Prussia and in Bavaria, was able in the elections of 1871 to win a total of sixty seats. Employed by the Catholic clergy during the decade that followed to maintain the cause of the papacy against the machinations of Bismarck, the party early struck root deeply; and by reason of the absolute identification in the public mind of its interests with the interests of the Catholic Church, ensuring its preponderance in the states of the south, and also by reason of the fact that it has always been more successful than any of its rivals in maintaining compactness of organization, it became, and has continued almost uninterruptedly to the present time, the strongest numerically of all political groups within the Reichstag.

246. The Newer Groups: the Social Democrats.—The Social Democratic party was founded in 1869 under the leadership of Wilhelm Liebknecht and August Bebel. In 1863 there had been organized at Leipzig, under the inspiration of the eloquent Marxist Ferdinand Lassalle, a Universal German Workingman's Association. Between the two bodies there was for a time keen rivalry, but at a congress held at Gotha, in May, 1875, they (together with a number of other socialistic societies) were merged in one organization, which has continued to this day to be known as the Social Democratic party. The development of socialism in the Empire between 1870 and 1880, in respect to both numbers and efficiency of organization, was phenomenal. At the parliamentary elections of 1871 the Social Democratic vote was 124,655 (three per cent of the total) and two Social Democrats were chosen to the Reichstag. In 1874 the popular vote was 351,952, and nine members were elected; in 1877 it was 493,288, and the number of successful candidates was twelve. By the Emperor William I. and by his chancellor; Bismarck, as indeed by the governing and well-to-do classes generally, the progress of the movement was viewed with frankly avowed apprehension. Most of the great projects of the Imperial Government were opposed by the Social Democrats, and the members of the party were understood to be enemies of the entire existing order, and even of civilization itself. Two attempts in 1878 upon the life of the Emperor, made by men who were socialists, but disavowed by the socialists as a body, afforded the authorities an opportunity to enter upon a campaign of socialist repression, and from 1878 to 1890 anti-socialist legislation of the most thoroughgoing character was regularly on the statute books and was in no slight measure enforced. At the same time that effort was being made to stamp out socialist propaganda a remarkable series of social reforms was undertaken with the deliberate purpose not only of promoting the public well-being, but of cutting the ground from under the socialists' feet, or, as some one has observed, of "curing the Empire of socialism by inoculation." The most important steps taken in this direction comprised the inauguration of sickness insurance in 1883, of accident insurance in 1884, and of old-age and invalidity insurance in 1889.

For a time the measures of the government seemed to accomplish their purpose, and the official press loudly proclaimed that socialism in Germany was extinct. In reality, however, socialism thrived on persecution. In the hour of Bismarck's apparent triumph the socialist propaganda was being pushed covertly in every corner of the Empire. A party organ known as the Social Democrat was published in Switzerland, and every week thousands of copies found their way across the border and were passed from hand to hand among determined readers and converts. A compact organization was maintained, a treasury was established and kept well filled, and with truth the Social Democrats aver to-day that in no small measure they owe their superb organization to the Bismarckian era of repression. At the elections of 1878 the party cast but 437,158 votes, but in 1884 its vote was 549,990 (9.7 per cent of the whole) and the contingent of representatives returned to the Reichstag numbered twenty-four. In 1890 the socialist vote attained the enormous total of 1,427,298 (19.7 per cent of the whole), and the number of representatives was increased to thirty-five. Repression was manifestly a failure, and in 1890 the Reichstag, with the sanction of the new emperor, William II., wisely declined to renew the statute under which proscription had been employed.

247. Minor Parties.—Aside from the Centre and the Social Democrats, the newer party groups in Germany—the Guelfs, the Poles, the Danes, the Alsatians, the Antisemites, etc.—are small and relatively unimportant. All are particularistic and irreconcilable; all are organized on the basis of local, racial, or religious interests. Apart, indeed, from the National Liberals and the Socialists, it cannot be said that any one of the German political groups, large or small, is broadly national, in either its tenets or its constituency. The Guelfs, or Hanoverische Rechtspartei, comprise the irreconcilables among the old Hanoverian nobility who refuse to recognize the validity of the extinction of the ancient Hanoverian dynasty by the deposing of George V. in 1866. As late as 1898 they returned to the Reichstag nine members. In 1903 they elected but five, and in 1907 their representation was reduced to a single deputy. In 1912 their quota became again five. The Poles comprise the Slavic voters of the districts of West Prussia, Posen, and Silesia, who continue to send to the Reichstag members who protest against the incorporation of the Poles in Prussia and in the Empire. At the elections of 1903 they secured sixteen seats, at those of 1907 twenty, and at those of 1912 eighteen. The Danes of northern Schleswig keep up some demand for annexation to Denmark, and measures looking toward Germanization are warmly resented; but the number of people concerned—not more than 150,000—is so small that their political power is almost nil. They have, as a rule, but a single spokesman in the Reichstag. The Alsatians comprise the autonomists of Alsace-Lorraine, and the Antisemites form a group whose original purpose was resistance to Jewish influence and interests.

IV. Party Politics after 1878

249. The Agrarian Movement and the Rise of the Bloc.—Two or three developments of the period stand out with some distinctness. One was the break-up, apparently for all time, of the Fortschrittspartei, or Radical party, in consequence of the elections of 1893. A second was the rise of the Government's prolonged contest with the Agrarians. The Agrarian group, of which indeed one hears as early as 1876, comprised principally the grain-growing landholders of northern and eastern Germany. By treaties concluded in 1892-1894 with Austria-Hungary, Italy, Belgium, Russia, and other nations, German import duties on grain were considerably reduced in return for advantages given to German manufacturers. Low duties meant cheap foodstuffs, and in the negotiation of these treaties the Government found itself supported with enthusiasm not only by the Centre, but also by the Social Democrats and the surviving Radicals. The Conservatives were divided. Those of Agrarian sympathies (especially the Prussian landholders) allied themselves with the forces of opposition. But the remainder gave the Government some measure of support. And from this last-mentioned fact arose a final political development of large significance during the Caprivi period, namely, the creation of that bloc, or affiliation, of Centre and Conservatives (popularly referred to as the "blue-black" bloc) upon which the Government was destined regularly to rely through upwards of a decade and a half. During the chancellorship of Prince Chlodwig Hohenlohe-Schillingsfürst (1894-1900) the struggle with the Agrarians was continued and the preponderance of the bloc became an established fact. Finally, should be mentioned the rapidly accelerating growth of the Social Democracy. In 1893 the popular party cast a total of 1,876,738 votes and elected forty-four representatives. In 1896 its vote was 2,007,076 and the number of members elected was fifty-seven. In 1903 its vote rose to the enormous proportions of 3,008,000 (24 per cent of the total, and larger than that of any other single party), and the quota in the Reichstag was increased to seventy-nine.

V. Parties since 1907

251. The Bülow Bloc.—The period covered by the life of the Reichstag elected in 1907 was remarkable in German political history chiefly by reason of the prolonged struggle for the establishment of parliamentary government which took place within it—a struggle which had its beginning, indeed, in the deadlock by which the dissolution of 1906 was occasioned, which reached its climax in the fiscal debates of 1908-1909, and which during the years that followed gradually subsided, leaving both the status of parties and the constitutional order of the Empire essentially as they were at the beginning. Even before the dissolution of 1906 the Conservative-Centre bloc was effectually dissolved, principally by the defection of the Centre, and through upwards of three years it was replaced by an affiliation, known commonly as the "Bülow bloc," of the Conservatives and the Liberals. This combination, however, was never substantial, and in the course of the conflict over the Government's proposed budget of November, 1908, there was a return to the old alignment, and throughout ensuing years the Conservative-Clerical bloc remained a preponderating factor in the political situation.

253. The Results and Their Significance.—The total number of candidates in the 397 constituencies was 1,428. The Social Democrats alone had a candidate in every constituency, a fact which emphasizes the broadly national character which that party has acquired. The National Liberals had candidates in 200 constituencies, the Centre in 183, the Radicals in 175, and the Conservatives in 132. A second ballot was required in 191 constituencies, or nearly one-half of the whole number. The final results of the election justified completely the general expectation of observers that the Social Democrats would realize enormous gains. The appeal of von Bethmann-Hollweg for solidarity against the Socialists had no such effect as did the similar appeal of von Bülow in 1907. The tactfulness and personal hold of the Chancellor was inferior to that of his predecessor, and the mass of the nation was aroused in 1912 as it was not upon the earlier occasion. The results may be tabulated as follows:

Seats at dissolution Seats acquired by elections of 1912

Centre 103 90

Conservatives 58 45

Free Conservatives 25 13

Social Democrats 53 110

National Liberals 51 44

Radicals 49 41

Poles 20 18

Antisemites and Economic Union 20 11

Guelfs or Hanoverians 1 5

Alsatians, Danes, and Independents 16 20

—— ——

Total 397 397

254. The Parties To-day: Conservatives and Centre.—The principal effect of the election would seem to be to accentuate the already manifest tendency of Germany to become divided between two great hostile camps, the one representative of the military, bureaucratic, agrarian, financial classes and, in general, the forces of resistance to change, the other representative of modern democratic forces, extreme and in principle even revolutionary. Leaving out of account the minor particularist groups, the most reactionary of existing parties is the Conservatives, whose strength lies principally in the rural provinces of Prussia along the Baltic. The most radical is the Social Democrats, whose strength is pretty well diffused through the states of the Empire but is massed, in the main, in the cities. Between the two stand the Centre, the Radicals, and the National Liberals. The Centre has always included both an aristocratic and a popular element, being, indeed, more nearly representative of all classes of people in the Empire than is any other party. Its numerical strength is drawn from the peasants and the workingmen, and in order to maintain its hold in the teeth of the appeal of socialism it has been obliged to make large concessions in the direction of liberalism. At all points except in respect to the interests of the Catholic Church it has sought to be moderate and progressive, and it should be observed that it has abandoned long since its irreconcilable attitude on religion. Geographically, its strength lies principally in the south, especially in Bavaria.

VI. Law and Justice

257. Diversity of Law Prior to 1871.—In the first place, there has been brought about within the past generation a unification of German law so thoroughgoing in character as to be worthy of comparison with the systematization of the law of France which was accomplished through the agency of the Code Napoléon. In 1871 there were comprised within the Empire more than two score districts each of which possessed an essentially distinct body of civil and criminal law; and, to add to the confusion, the boundaries of these districts, though at one time coincident with the limits of the various political divisions of the country, were no longer so. The case of Prussia was typical. In 1871 the older Prussian provinces were living under a Prussian code promulgated in 1794; the Rhenish provinces maintained the Code Napoléon, established by Napoleon in all Germany west of the Rhine; in the Pomeranian districts there were large survivals of Swedish law; while the territories acquired after the war of 1866 had each its indigenous legal system. Two German states only in 1871 possessed a fairly uniform body of law. Baden had adopted a German version of the Code Napoléon, and Saxony, in 1865, had put in operation a code of her own devising. At no period of German history had there been either effective law-making or legal codification which was applicable to the whole of the territory contained within the Empire. In the domain of the civil law, in that of the criminal law, and in that of procedure the diversity was alike obvious and annoying.

259. The Inferior Courts.—By these and other measures it has been brought about that throughout the Empire justice is administered in tribunals whose officials are appointed by the local governments and which render decisions in their name, but whose organization, powers, and rules of procedure are regulated minutely by federal law. The hierarchy of tribunals provided for in the Law of Judicial Organization comprises courts of four grades. At the bottom are the Amtsgerichte, of which there are approximately two thousand in the Empire. These are courts of first instance, consisting ordinarily of but a single judge. In civil cases their jurisdiction extends to the sum of three hundred marks; in criminal, to matters involving a fine of not more than six hundred marks or imprisonment of not over three months. In criminal cases the judge sits with two Schöffen (sheriffs) selected by lot from the jury lists. Besides litigious business the Amtsgerichte have charge of the registration of land titles, the drawing up of wills, guardianship, and other local interests.

Next above the Amtsgerichte are the 173 district courts, or Landgerichte, each composed of a president and a variable number of associate judges. Each Landgericht is divided into a civil and a criminal chamber. There may, indeed, be other chambers, as for example a Kammer für Handelssachen, or chamber for commercial cases. The president presides over a full bench; a director over each chamber. The Landgericht exercises a revisory jurisdiction over judgments of the Amtsgerichte, and possesses a more extended original jurisdiction in both civil and criminal matters. The criminal chamber, consisting of five judges (of whom four are necessary to convict), is competent, for example, to try cases of felony punishable with imprisonment for a term not exceeding five years. For the trial of many sorts of criminal cases there are special Schwurgerichte, or jury courts, which sit under the presidency of three judges of the Landgerichte. A jury consists of twelve members, of whom eight are necessary to convict.