Page:The New International Encyclopædia 1st ed. v. 02.djvu/341

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AUSTRIA-HUNGARY.
291
AUSTRIA-HUNGARY.


Austria, 20: Bulifmia, 110; Eukowiua. 11 ; Carin- Uiia, 10; Caniiola, 11; Dalmatia, 11; Galicia, 78: Gihz and Gradisca, 5; Istria, 5; Moravia, 43; Salzburg, 6; Silesia, 12; Styria, 27; Trieste, 5; Tyrol, 21; Vorarlberg, 4.

The Reichisrat assembles annually. The con- sent of l)(>th liouses is neeossary to all treaties relating to commerce or necessitating the imposi- tion of taxes as well as to all statutes and appro- priations. Bills may originate in either house, but the annual budget and the recruiting bill ti.xing the quota of troops lor the year must be presented to the Lower House first. Concerning the position of the Reichsrat in respect to the executive, something has been said above; its relation to the provincial diets may be summed up in the statement that the latter are vested with the power of legislation on all subjects not reserved to the Reichsrat, and that the matters so reserved are very numerous, including any in- terest that may concern two or more provinces in common. In greater detail, the scope of the Reichsrat includes, in addition to those men- tioned, the subjects of customs, coinage and communications, banking, corporations and trade, citizenship, domicile and census, religion and the right of association, the press and copy- right, the general policy of public instruction, judicial legislation, the organization of the ex- ecutive and judicial departments.

The administrative work of the General Gov- ernment is divided into eight departments, com- prising the ministries of the Interior, Finance, Defense, Agriculture, Railways, Justice, Com- merce, Instruction and Worship. The heads of the eight departments, together with two minis- ters without portfolio representing the kingdoms of Bohemia and Galicia, constitute the Minis- terial Council. The civil service in Austria is characterized by its freedom from politics, elaborate automatism, and its marked tendency to intrude on the private life of the citizen. Though the Austrian constitution embodies a comprehensive bill of rights, acts which in their nature are serious limitations of the rights of the citizen are frequently justified as being em- braced within the legitimate exercise of the police power. The constitutional restraints on the freedom of speech and of the press, and the right of association, are considerable, and as their in- terpretation is left largely to executive officials, they often become quite onerous.

Provtxcial Diets and Local Goernment. The provincial diets of Cisleithania are in many cases the ancient assemblies, established in the different provinces before they were brought under one rule; the diets, therefore, .ire the rallying-grounds of national parties, and in a way. the internal political condition of Aus- tria is affected as much by the attitude of the various provincial legislatures toward the general problems of government as by the relations of parties in the Reichsrat. The diets are uni- cameral, and comprise (1) the archbishops and bishops of the Catholic Church and the rectors of the universities within the crown-land, and (2) the representatives of landed proprietors and the Chambers of Commerce, and the members elected by the rural communities and the towns. The size of the diets varies from 242 members in Bohemia to 21 members in Vorarl- berg. The president of the assembly is ap- pointed by the Emperor, who through this ofliccr, as well as through the exercise of the right of prorogation and dissolution, e.xerts very considerable iuHuencc on the legislative bodies. The authority of the provincial assembly extends to questions of local government and local taxa- tion, agriculture and public works, the control of the territorial domains, and the management of secondary schools and charitable institutions. The executive power is vested in a committee {Landes-Ausschiiss) , consisting of a president appointed by the Em])eror. and a certain num- ber of members elected by the Diet.

For administrative purposes, every province constitutes a department (Landesregierung) un- der a governor {Statihalter or Landcs-Priisident) appointed by the Emperor. The Lundcsre- girning is subdivided into districts {Be::irks- hdiiptmannschaftpii ) and communes ( Gemeinden) . The police, as well as the civil power, is vested in the governor. He presides over the boards of education and of health, and controls directly the magistrates of the towns and the heads {Bezirkhauptmdnner) of the districts. There is no uniform municipal code in Austria, each provincial diet having the power to model the municipal government after its own fashion. But within each province there is perfect uni- formity of administration except for some of the largest cities, such as Vienna, Prague, etc., which are governed by special charters. The common features of all the municipalities in Austria include a Oemeindeausschuss, or munici- pal council, elected generally for a period of three years by the members of the commune, and a (lemcinderorstnnd, or executive board, elected by the council. This board consists of a small number of men under the presidency of the burgo- master, and carries out the decisions of the council.

Justice is administered in the first place by 039 district courts, which try minor offenses and misdemeanors, and hold prisoners for the higher tribunals. For the trial of more serious charges, there are 72 provincial and circuit courts of original jurisdiction. Cases involv- ing severe penalties, or concerned with political and press offenses, are brought before the jury courts. Appeals are taken to the higher pro- vincial courts, 9 in number. The court of last resort is the Supreme Court of Justice and Cassation at Vienna. There are also numerous courts for the trial of special matters, such as commercial, revenue, and military cases. The Court of the Empire at Vienna decides ques- tions of jurisdiction and cases involving conflict of laws. Before the High Court of Administra- tion are brought all controversies between pri- vate citizens and public officials.

The Kingdom of Hungary comprises Hungary proper, with Tran.sylvania and the crown-lands of Croatia-Slavonia. The constitution of the Kingdom is based on a series of statutes be- ginning with the Golden Bull of 1222, the char- ter of Hungarian liberties. The finidaniental law of June 8, 1807, confirmed the sweeping reforms which the Revolutionists of 1848 had effected in abolishing old feudal privileges, ex- tending the suffrage, and reconstructing insti- tutions on a modern basis. Subsequent legis- lation has modified the constitution only in matters of detail and procedure. The King is bound by the same constitutional limitations as in his Austrian dominions; but, by reason