Page:EB1911 - Volume 26.djvu/264

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244  
SWITZERLAND
[EDUCATION

and vice-president of the Federal tribunal. Its seat is at Lausanne. Its jurisdiction extends to disputes between the Confederation, the cantons, and private individuals, so far as these differences refer to Federal matters. An appeal lies in some cases (not too clearly distinguished) to the Federal council, and in some to the two houses of the Federal legislature sitting together. As to the referendum and initiative (whether as to the revision of the constitution or as to bills) see Referendum<noall mother fucker}} </noinclude>.

It was natural that, as the members of the Swiss Confederation were drawn closer and closer together, there should arise the idea of a Federal code as distinguished from the manifold cantonal legal systems. The Federal Constitution of 1874 conferred on the Federal authorities the power to legislate on certain defined legal subjects, and advantage was taken of this to revise and codify the Law of Obligations (1881) and the Law of Bankruptcy (1889). The success of these attempts led to the adoption by the Swiss people (1898) of new constitutional articles, extending the powers of the Federal authorities to the other departments of civil law and also to criminal law. Drafts carefully prepared by commissions of specialists were slowly considered during nearly two years by the two houses of the Federal parliament, which finally adopted the civil code on the 10th of December 1907, and it was expected that by 1912 both a complete Federal civil code and a complete Federal criminal code would come into operation.

Before 1848 there was scarcely such a thing as Federal finances for there was no strong central Federal authority. As the power of those authorities increased, so naturally did their expenditure and receipts. In 1849 the receipts were nearly £240,000, as against an expenditure of, £260,000. By 1873 each had risen to rather over £1,250,000, while in 1883 they just over topped £2,000,000 sterling each, and in 1900 the receipts were just over £4,000,000 sterling, as against an expenditure of nearly £4,000,000. The figures for 1907 are £5,750,000 as against just over £5,500,000, and are the highest yet recorded. The funded Federal debt rose from a modest £150,000 in 1849 to rather over £2,000,000 in 1891, and rather over £4,000,000 in 1903, standing in 1905 at £3,250,000.

By the Federal Constitution of 1848 the post office was made a Federal attribute, and the first Federal law on the subject was passed in 1849 (postage stamps within the country in 1850, for foreign lands in 1854, and post-cards in 1870), while a Federal law of 1851 extended this privilege to the electric telegraph, so that in 1852 the first line was opened with thirty-four offices. In the Federal Constitution of 1874 both branches are declared to fall within the jurisdiction of the Confederation, while in 1878 this privilege was extended to the newly invented telephone. Inviolability of communications in all three cases is guaranteed.

In 1891 the Swiss people accepted the principle of a state bank with a monopoly of note issue. A first scheme was rejected by a popular vote in 1897, but a second was more successful in 1905. The “Swiss National Bank” was actually opened on the 20th of June 1907, its two chief seats being at Zürich and at Bern. It has a capital of £2,000,000 sterling, divided into 100,000 shares. Two-fifths of this capital is reserved to the cantons in proportion to their population in 1900, and two-fifths were taken up by public subscription in June 1906. The remaining fifth was reserved to the existing thirty-six banks in Switzerland (all founded between 1834 and 1900), which have hitherto enjoyed the right of issuing notes. It was stipulated that within three years of the opening of the National Bank all notes issued by these thirty-six banks must be withdrawn, and many had by 1907 taken this course in anticipation.

There is no “established Swiss Church” recognized by the Federal Constitution, but there may be one or more “established churches” in any Canton. The Federal Constitution of 1874 guarantees full religious liberty and freedom of worship, not being contrary to morals and the public peace, as well as exemption from any compulsory church rates (arts. 49 and 50). But it repeats, with fresh pricks (art. 51), the provision of the Constitution of 1848 by which the Jesuits and all affiliated religious orders are forbidden to settle in Switzerland, extending this prohibition to any other orders that may endanger the safety of the state or the public peace. It also introduces a new article (No. 52) forbidding the erection of new religious orders or new monasteries or the re-establishment of old ones, and also a. new clause (last part of art. 50) by which the erection of new bishoprics on Swiss soil is subject to the approval of the Federal authorities. The Jesuit article was due to the “Sonderbund” War of 1847, and the rest of this exceptional legislation to the “Kulturkampf” which raged in Switzerland) in 1872–1874. The Protestants form rather over three-fifths of the population, but have the majority in 101/2 of the 22 cantons only. In the German-speaking cantons they are Zwinglians, and in the French-speaking cantons Calvinists, though in neither case of the original and orthodox shade. The Protestants alone are “established” in the Outer Rhodes of Appenzell; while the Romanists alone are “established” in 71/2 cantons (Lucerne, Uri, Schwyz, Unterwalden, Zug, Ticino, the Valais, and the Inner Rhodes of Appenzell), but only jointly in the 3 other cantons (Fribourg, St Gall and Soleure) in which they are in a majority. In June 1907 Geneva decided on the complete separation of church and state, and now stands alone in Switzerland in not having any “established church” at all (previously it had two—Protestants and Christian Catholics). In the other 21 cantons, the Protestants and Romanists are jointly “established” in 111/2, as are the Protestants and the Christian Catholics in 11/2, in which the Christian Catholics take the place of the Romanists. Thus out of the 21 cantons with “established churches” (Landeskirchen or églises nationales) the Protestants are solely or jointly “established” in 131/2, and the Romanists in 19 (not in Bern, Urban Basel and the Outer Rhodes of Appenzell), while the Christian Catholics are recognized in 7 cantons, in two of which (Basel and Neuchâtel) they are also “endowed.” The case of Neuchâtel is particularly striking, as it has three “established churches” (Protestants, Romanists and Christian Catholics), while there the Jewish rabbis, as well as the pasteurs of the Free Evangelical Church, are exempt from military service. Besides a few parishes in Bern there are also three “Evangelical Free Churches” (Églises libres), viz. in Vaud (since 1847), in Geneva (since 1848) and in Neuchâtel (since 1873). The Romanists have five diocesan bishops in Switzerland—Sion (founded in the 4th century), Geneva (4th century), Basel (4th century, but reorganized in 1828), Coire (5th century), Lausanne (6th century), and St Gall (till 1824 part of the bishopric of Constance, and a separate see since 1847). There are besides the sees of Lugano (erected in 1888 for Italian Switzerland—till then in Milan or Como—but united for the resent to the see of Basel, though administered by a suffragan Bishop) and Bethlehem (a see in partibus, annexed in 1840 to the abbacy of St Maurice in the Valais). The Christian Catholics (who resemble the Old Catholics in Germany) split off from the Romanists in 1874 on the question of papal infallibility (in Bern and Geneva politics also played a great part), and since 1876 have had a bishop of their own (consecrated by the German Old Catholic, Bishop Reinkens), who resides in Bern, but bears no diocesan title. The Christian Catholics (who in the census are counted with the Romanists) are strongest in Bern, Soleure and Geneva, while their number in 1906 was estimated variously at from twenty to thirty-four thousand—they have 38 parishes (10 being in French-speaking Switzerland) an some 57 pastors. There are still a few monasteries in Switzerland which have escaped suppression. The principal are the Benedictine houses of Disentis (founded in the 7th century by the Irish monk Sigisbert), Einsiedeln (q.v.; 10th century) and Engelberg (q.v.; 12th century) as well as the houses of Austin Canons at St Maurice (held by them since 1128, though the house was founded by Benedictines in the 6th century) and on the Great St Bernard (11th century).

Education.—Education of all grades is well cared for in Switzerland, and large sums are annually spent on it by the cantons and the communes, with substantial grants from the Confederation (these last in 1905 were about £224,000), so far as regards primary and higher education. Four classes of educational establishments exist.

a. In the case of the primary education, the Confederation has the oversight (Federal Constitution of 1874, art. 27), but the cantons the administration. It is laid down that in the case of the public primary schools four principles must be observed by the cantons: the instruction given must be sufficient, it must be under state (i.e. lay) management (ecclesiastics as such can have no share in it), attendance must be compulsory, and the instruction must be gratuitous, while members of all religions must be able to frequent the schools without offence to their belief or consciences (this is interpreted to mean that the general instruction given must be undenominational, while if any denominational instruction is given attendance at it must not be made compulsory). By an amendment to the Federal Constitution adopted in 1902 the Confederation is empowered to make grants in aid in the case of primary schools, while a Federal law of 1903, regulating such grants to be appropriated solely to certain specified purposes, provides that the term “primary schools” shall include continuation schools if attendance is compulsory. The cantons organize primary education in their territories, delegating local arrangements (under the control of a cantonal inspector) to a committee (Schulkommission) elected ad hoc in each commune, so that it is not a committee of the communal council. The general principles laid down by the Confederation are elaborated into laws by each canton, while the communal councils pass by-laws. Hence there is a great variety in details between canton and canton. The school age varies from 6 to 16 (for younger scholars there are voluntary kindergarten schools or écoles enfantines), and attendance during this period is compulsory, it not being possible to obtain exemption by passing a certain standard. Two-thirds of the schools are “mixed”; in the towns, however, boys are often separated from girls. The teachers (who must hold a cantonal certificate of efficiency) are chosen by the Schulkommission from among the candidates who apply for the vacant post, but are elected and paid by the communal council. Religious tests prevail as to teachers, who must declare the religion they profess, and are required to impart the